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Reasons
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(영문) 청주지방법원 2015.07.16 2014나12080
배당이의
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1. Revocation of a judgment of the first instance;

2.With respect to the Cheongju District Court B and C (Dual) auction of real estate, the same shall apply.

Reasons

1. Basic facts

A. On February 27, 2009, E Co., Ltd. (hereinafter “E”) entered into a credit guarantee agreement with the Plaintiff (the Plaintiff and Plaintiff Company I entered into the said contract, and Company I merged with E). D, a representative director, jointly and severally guaranteed the liability for reimbursement under the said guarantee agreement. On February 22, 2013, E lost its benefit by causing a credit guarantee accident caused by the principal body. Accordingly, on March 29, 2013, the Plaintiff fulfilled the guarantee obligation of KRW 302,281,315 at a new bank.

B. On December 11, 2013, the Plaintiff filed a lawsuit against Cheongju District Court 2013da152713 against Cheongju District Court 2013da152713, and received the judgment of winning the Plaintiff on December 11, 2013, and D filed an appeal with Cheongju District Court 2014Na117, and is still pending in the appellate trial.

C. As to the F apartment No. 302, 106, and 106 (hereinafter “the apartment of this case”) owned by the D, the Yongsan-gu Seoul Metropolitan Government Saemaul Bank applied for the auction of each real estate to the same court C around July 1, 2013 (hereinafter “instant auction procedure”), around August 9, 2013 (hereinafter “instant auction procedure”).

As the Defendant alleged that he leased the instant apartment from D in the instant auction procedure, the executing court distributed KRW 40,00,00 on March 18, 2014 on the grounds that the Defendant was a lessee with preferential right to payment, and prepared a distribution schedule that distributes KRW 7,204,181 to the Plaintiff, a person holding a provisional attachment right, who is a lessee with a right to payment, the Plaintiff raised an objection against the total amount of dividends to the Defendant and filed the instant lawsuit on March 21, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, Gap evidence 5-1, 2, Gap evidence 6 through 15, 17, Gap evidence 19-1 and 2, and the purport of the whole pleadings

2. The summary of the Plaintiff’s assertion.

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