logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원평택지원 2016.12.06 2016가단41918
배당이의
Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. (1) When the trust assets of the debtor E Co., Ltd. (hereinafter “E”) were sold from the auction case of the Lanwon District Court of Suwon District, and the amount of KRW 357,667,488 was distributed to the international asset trust, the international asset trust deposited it as a third party debtor. When the seizure of the right to claim the payment of deposit money of E competes with the Plaintiff, the Defendants, and the Effective Comprehensive Construction Technology Corporation (hereinafter “instant distribution procedure”), the distribution procedure (hereinafter “instant distribution procedure”) was commenced on April 1, 2016, and the distribution date was 139,977,786 won, the defendant A, the amount of KRW 11,442,482 (the collection creditor, the amount of claims 17,625, 300, 305, 3065, 3065, 20567, 3065, 20567, and 3065, 250

B. On the basis of the facts stated above, the plaintiff prepared a notarial deed for a loan without any substance in collusion with E as an employee of E, and received the distribution in the dividend procedure of this case after receiving a seizure and collection order. Since the above notarial deed claims are the most false claims, the plaintiff asserts that the distribution to the Defendants should be revoked and the amount of the distribution should be deleted, and all the claims should be distributed to the plaintiff.

However, even after examining all the evidence submitted by the Plaintiff, it is insufficient to recognize that the Defendants received dividends in the distribution procedure of this case as the most false claim, and there is no other evidence, so the above assertion is without merit, and the Plaintiff’s claim of this case also is without merit.

arrow