(영문) 대구지방법원영덕지원 2019.10.22 2019가단10946

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(영문) 대구지방법원영덕지원 2019.10.22 2019가단10946

배당이의

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1. The plaintiff among the distribution schedule prepared on June 26, 2019 with respect to the DD real estate auction case by this court.

Reasons

1. Facts of recognition;

A. On August 25, 2015, the Defendant completed the registration of the establishment of a collective security right (hereinafter “instant collective security right”) which is the “the deceased, the mortgagee, and the mortgagee: the Defendant,” with respect to the F.651 square meters and its ground (hereinafter “instant real estate”) owned by the deceased, Chungcheongnam-gun, Chungcheongnam-gun, Seoul (hereinafter “the deceased”).

B. On May 16, 2017, the Daegu Family Court rendered a judgment that “The deceased shall pay to the Plaintiff the amount calculated by the rate of 5% per annum from the day following the day when the judgment became final and conclusive to the day of full payment,” and the above judgment became final and conclusive on June 1, 2017.

C. On June 20, 2017, the Deceased died, and on October 5, 2018, the registration of ownership transfer was completed in the future by the deceased’s inheritors.

1) In the instant case of D Real Estate Auction, which is an auction case regarding the instant real estate, this Court’s distribution schedule stating on June 26, 2019, “The amount of dividends to the Defendant is KRW 170 million, and the amount of dividends to the Plaintiff is KRW 209,49,99,98” (hereinafter “instant distribution schedule”).

(2) On June 26, 2019, the Plaintiff appeared on the date of distribution, and raised an objection against the total amount of the Defendant’s dividends, and filed the instant lawsuit on June 27, 2019.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 3, and 6 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. In light of the following circumstances, it is reasonable to view that there is no claim against the deceased, who is the secured debt of the instant right to collateral security, in light of the above-mentioned facts, the statement of evidence No. 5, and the purport of the entire argument

Therefore, among the distribution schedule of this case, the amount of 209,499,998 won against the plaintiff should be corrected to delete the amount of 379,49,998 won, and the amount of 170 million won against the defendant, respectively.

(1)

유사 판례

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-인천지방법원부천지원 2016.02.23 2015가단25718

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