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(영문) 서울중앙지방법원 2020.05.18 2017가단5222644
배당이의
Text

1. A distribution schedule prepared on November 21, 2017 by the same court with respect to the F compulsory auction of real estate at the Seoul Central District Court.

Reasons

1. Facts of recognition;

A. On July 29, 2014, the Plaintiff filed a payment order (Seoul Western District Court 2014 tea3722) with D, and on July 29, 2014, the Plaintiff issued a payment order stating that “D and H shall jointly and severally pay 10,385,930 won to the Plaintiff, and that “D and H shall jointly and severally pay 18% per annum from June 3, 2014 to the delivery date of the original copy of the above payment order, and 20% per annum from the next day to the date of complete payment,” and the said payment order was finalized on August 19, 2014.

(hereinafter referred to as the “instant payment order”) B.

1) The Plaintiff’s compulsory auction (Seoul Central District Court F; hereinafter “instant compulsory auction procedure”) for real estate listed in the attached list owned by D upon the instant payment order.

(2) On November 24, 2010, on the ground of the contract to establish a contract on the said real estate, the Seoul Central District Court received the collateral security G (hereinafter referred to as “the deceased”) from the Jung-gu Branch Registry of the Seoul Central District Court No. 54594 on November 24, 2010.

(2) The lower court determined that the instant right to collateral security was a collateral security (hereinafter referred to as the “instant right to collateral security”) based on the maximum debt amount of KRW 70 million.

(2) In the above compulsory auction procedure, 19,620 won out of 64,96,353 won to be actually distributed on the date of distribution open on November 21, 2017 was prepared in the Jung-gu Seoul Special Metropolitan City, Jung-gu, and 64,76,733 won to the deceased, who is a collateral security, (hereinafter “instant distribution schedule”).

3) On the date of the above distribution, the Plaintiff raised an objection against KRW 9,266,750 out of the amount of dividends to the Deceased, and filed the instant lawsuit on November 24, 2017, the period of which does not exceed one week thereafter. Meanwhile, the Deceased died in around 2012, and his heir was the Defendants [the facts without any grounds for recognition, the entries in Gap’s evidence Nos. 1 through 5, and the purport of the entire pleadings, and the purport of the entire pleadings.

2. The assertion and judgment

A. The Plaintiff 1’s summary of the parties’ assertion is a false collateral security that does not exist any secured claim.

Therefore, the instant distribution schedule is the same.

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