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(영문) 춘천지방법원영월지원 2015.11.19 2015가합207
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. Around October 2006, the Plaintiff entered into a contract with the Defendant to purchase a total of KRW 2,55,000 square meters (hereinafter “instant real estate”) of KRW 11,297 square meters of Gangwon-gu, Gangwon-do, Gangwon-do, the Defendant, and KRW 19,553 square meters of KRW 2,55,000 (hereinafter “instant contract”).

B. According to the instant sales contract, the Plaintiff and the Plaintiff’s wife G completed the registration of ownership transfer with respect to one-half portion of each of the instant real estate on December 21, 2006, and on the same day, completed the registration of ownership transfer with respect to each of the instant real estate (hereinafter “mortgage”) with respect to the establishment of a mortgage over KRW 1,200,000 with respect to the instant real estate to secure the payment of the purchase price under the instant sales contract to the Defendant on the same day.

C. Of the instant real estate, Pyeongtaek-gun-gun-gun-gun-dong-dong-dong-dong-won-based 11,297 square meters and 19,553 square meters prior to F, filed an application for a voluntary auction on the said two real estate with the Sincheon-gun-gun-gun-gun-dong-dong-dong-dong-gun-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si (hereinafter “the Livestock Cooperative”), and accordingly, the said court drafted a distribution schedule to distribute the Defendant, who is the 170,679,01

On April 21, 2015, the date of distribution of the above auction procedure, the Plaintiff submitted a written objection to the total amount of the Defendant’s dividends to the above court.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 and 2 (including each number), the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff asserted repayment shall revise the distribution schedule by paying the purchase price, which is the secured debt of the instant right to collateral security, to the Defendant by June 29, 2007, and thus, there is no debt secured by collateral security. Therefore, the Plaintiff shall revise the distribution schedule by allocating the dividend amount to the Plaintiff.

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