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(영문) 수원지방법원평택지원 2016.09.21 2015가단14650
배당이의
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On January 23, 2013, the Defendant remitted a total of KRW 124 million to D, which is a sum of KRW 90 million and KRW 125 million on April 1, 2013, to a private individual among loans.

B. On April 22, 2013, the Plaintiff drafted each of the loan certificates stating that ① KRW 60 million was due and payable on April 22, 2014; ② 2% per annum on delay damages; ② 72% per annum on April 22, 2014; and ② 39% per annum on delay damages; and ② 2% per annum on April 22, 2014; and KRW 39% per annum on delay damages (hereinafter “instant loan certificates”).

C. The Plaintiff completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) with respect to the Plaintiff’s obligee, the Plaintiff, the maximum debt amount of KRW 90 million, and the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) with respect to the Plaintiff’s obligee, the Plaintiff, the Plaintiff, and the maximum debt amount of KRW 549 square meters and KRW 49 square meters owned by the Plaintiff (hereinafter “each real estate of this case”).

On October 29, 2015, the Suwon District Court voluntarily decided to commence auction on each of the instant real estate C. On October 29, 2015, the said court prepared a distribution schedule with the content that distributed KRW 90 million to the Defendant based on the instant collective security (No. 4) on the date of distribution of the said auction procedure, and that the Defendant distributed KRW 1,925,311 (No. 5) on the basis of the instant provisional registration.

E. On October 29, 2015, the Plaintiff raised an objection against the total amount of dividends indicated in the distribution schedule No. 4, excluding KRW 13,994,475, out of the dividend amount of KRW 90,000,000, and the distribution amount indicated in the No. 5 of the distribution schedule against the Defendant on the said distribution date, and filed the instant lawsuit on November 4, 2015, which is within a week thereafter.

[Reasons for Recognition] Unsatisfy, Gap evidence 5, 6, Eul evidence 1 to 4, and the court's order to submit financial transaction information to Suwon Livestock Agricultural Cooperatives and the purport of the whole pleadings

2. The plaintiff's summary of argument shall be paid to financial institutions.

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