logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2016.06.29 2016가단2775
배당이의
Text

1. Of the instant lawsuit, the same court with respect to the compulsory auction of real estate D in Seoul Western District Court on January 28, 2016.

Reasons

1. Although the plaintiffs' assertion is not the true creditor of the non-party E, the defendant applied for the distribution of the amount of KRW 57,850,000 to E by using false loan certificates, etc., as if there were the loan claims of KRW 57,850,00,00.

Nevertheless, on January 28, 2016, the above court made a distribution schedule by judging the defendant as the genuine creditor.

2. The judgment of this Court

A. On January 28, 2016, the part of the Plaintiffs dismissed were present on the date of distribution of the real estate compulsory auction case DD District Court in Seoul Western District Court, and raised an objection against the whole of the Defendant’s dividends (44,710,057 won) that became a provisional seizure creditor.

In filing an objection to the instant dividends after the aforementioned objection, the Plaintiffs seek dividends in proportion to other creditors, excluding KRW 9,085,526 (the difference between KRW 30,914,474 allocated to the Plaintiffs and KRW 40,000,000 of the dividend table prepared on January 28, 2016) among the Defendant’s dividend amount of KRW 44,710,057, against which the Plaintiffs raised an objection.

The lawsuit of objection to the instant dividends is a dispute between the Plaintiffs and the Defendant, which began with an objection against the Defendant’s dividends by the Plaintiffs on January 28, 2016, and where a creditor requesting dividends raises an objection against the dividends of other creditors, he/she may raise an objection only to the extent related to his/her interests. As such, it cannot be raised in excess of the amount that he/she additionally demanded dividends, as referred to in Article 151(3) of the Civil Execution Act, and it is unlawful to require that the amount in excess be distributed to other creditors who are not himself/herself.

Therefore, the plaintiffs' objection to reduce the amount of less than KRW 35,624,531, which is in excess of KRW 9,085,526, that is, the defendant's dividend amount of KRW 44,710,057, less than KRW 9,085,526, which is the defendant's claim for additional dividends, is raised on January 28, 2016.

arrow