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(영문) 의정부지방법원 2016.12.16 2016가단105848
배당이의
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. On December 19, 201, the Plaintiff (MMMMMM development corporation) lent KRW 2 billion to the Dania Lease Co., Ltd. (hereinafter “Dania Lease”) at the maturity of reimbursement on June 18, 2012 and at the rate of 20% per annum, and drafted a notarial deed as the G Office’s certificate No. 3 in 2012.

B. The Plaintiff filed an application for a compulsory auction of real estate (hereinafter “instant auction procedure”) with the Jung-gu District Court B with respect to other above-ground canal wells (hereinafter “other canal wells of this case”) in Namyang-si, Hain-si, Hain-si, Hanyang-si, Hanyang-si, and the above loan was not repaid. The above court, on March 23, 2016, 701,646,258 won, excluding expenses for enforcement, etc., on the date of open distribution, shall be 2,704,210, 210, 2, 470, 360, 2, 367, 479, 476, 297, 97, 297, 3696, 47, 97, 97, 198, 196, 186, 298, 297, 2975, 36167, 3667, 467, 167.

C. On the date of distribution, the Plaintiff raised an objection against the Defendant and the designated parties, and filed the instant lawsuit on March 25, 2016, within one week thereafter.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion asserts that the designated parties, including the defendant, including the defendant, are creditors of unlimited comprehensive construction company (hereinafter "clear comprehensive construction"), as well as creditors of Greenia lease, who are debtors of the auction procedure of this case, and therefore, the distribution of dividends to the defendant and the designated parties is unfair.

(b) judgment;

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