logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.04.25 2016가단111994
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a creditor who has executive titles based on the judgment of the Busan District Court 2007Gaso612290 on the acquisition money case against Nonparty C, and each of the judgment of the Seoul Central District Court 2013Gaso1092571 on the acquisition money case against Nonparty D.

B. The non-party E (the non-party, who died on August 5, 192, 192,) set up a right to collateral security (the non-party’s co-ownership) against the Defendant as indicated below Nos. 1 through 6 with respect to the whole co-ownership of F. 317 square meters (hereinafter “the real estate of this case”), among the real estate of this case, and the non-party G, H, D, C, and I’s ownership transfer was completed on August 5, 192 with respect to the non-party’s co-ownership of the real estate of this case under the name of the non-party G, H, C, and I on March 10, 193 under the Daegu District Court No. 4535 on March 10, 193. The non-party G (the wife of the non-party Party E) established a right to collateral security against the Defendant as indicated in the table No. 7 as follows with respect to the entire shares of the non-party G, H, D, and I among the real estate of this case.

Now, the receipt date Now, 198 of Dec. 9, 1988, the maximum debt amount of Non-party E 2.5 million won, the non-party E 2.5 million won on May 10, 21989, the non-party E 2.5 million won on August 1, 1989, the non-party E 3 million won on August 14, 1989, 4218, the non-party E 8 million won on May 14, 1992, the non-party E 9.9 million won on August 15240, 1992, the non-party E 6.9 million won on August 15241, 1992, the non-party E 9.9 million won on July 4, 193, 196, the non-party 2.5 million won on July 4, 193, 199.

C. On June 4, 2015, the Defendant filed an application with the competent court for voluntary auction of all equity interests in Nonparty G, H, D, C, and I among the instant real estate, as shown in the attached Table No. 1-b in the distribution procedure (Seoul District Court B’s voluntary auction of real estate; hereinafter “instant distribution procedure”).

No. 35,800,000 won as the right of collateral security 1 or 6 collateral security, and No. 1-b.

As the right to collateral security Nos. 7 in the list of claims, KRW 20,000,00 was paid as the right to collateral security, and KRW 5,020,496 was paid as the right to collateral security against Nonparty G.

The Plaintiff is a general creditor against Nonparty C in the instant distribution procedure.

arrow