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(영문) 창원지방법원거창지원 2016.01.14 2015가합10235
채권자대위권에 기한 배당이의의 소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The real estate auction procedure (hereinafter “instant auction procedure”) was in progress with respect to the first real estate owned by the Changwon District Court, Changwon District Court G and H (Dupl) with respect to the G and the first real estate owned by the Gael Industry Development Co., Ltd. (formerly: Doel Industry Development Co., Ltd.; hereinafter “Sdidi Industry”).

B. On October 26, 2015, on the date of distribution of the instant auction procedure, a distribution schedule was formulated that distributes each of the instant amount of KRW 401,374,045 to the Suwon-dong Agricultural Cooperative, a collective security interest holder, and KRW 212,008,446 to the Defendant (hereinafter “instant distribution schedule”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 8, 10 evidence, Eul evidence 1, the purport of the whole pleadings

2. The Defendant asserted that the Plaintiff filed an application for real estate auction in the auction procedure of this case based on the authentic copy of the notarial deed with executory power of No. 664 of 2012 (hereinafter “notarial deed of this case”).

However, since there is no joint and several liability for the Defendant of the instant notarial deed, the instant notarial deed should be revised as stated in the purport of the claim.

3. A person who is standing to sue a lawsuit of demurrer against a distribution against the main safety defense shall be limited to the creditor or debtor who has appeared on the date of distribution and raised an objection under the substantive law as to the distribution schedule.

However, according to the statement in Eul evidence No. 1, the plaintiffs were present on the date of distribution, and did not raise any objection to the distribution schedule, and the defendant-appellant industry was present on the date of distribution, but did not raise any objection, but did not raise any objection in writing until the date of distribution expires. Thus, all plaintiffs and the Ssdi industry do not have standing to file a lawsuit of demurrer against distribution.

Therefore, the plaintiffs are also subrogated to the so-called Ssad industry in the capacity of creditors of the so-called Sddi industry.

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