(영문) 수원지방법원 2014.05.01 2013가단79432

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(영문) 수원지방법원 2014.05.01 2013가단79432

배당이의

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1. The defendant among the distribution schedule prepared on August 6, 2013 by the above court with respect to the Suwon District Court C's auction of real estate.

Reasons

1. The plaintiff asserts that the amount should be reduced because of the excessive amount paid to the defendant in the distribution procedure of real estate rent auction as requested by the defendant.

On the other hand, the defendant asserts that the amount to be distributed to the defendant is less than the amount to be actually distributed.

2. recognised facts;

A. On May 25, 2011, the deceased D (the deceased’s death on May 8, 201, hereinafter “the deceased”) and the Defendant: (a) concluded a mortgage contract with the deceased, the creditor, and the maximum debt amount of KRW 175,00,000,00 with respect to the land owned by D (hereinafter “the real estate”); (b) concluded a mortgage contract with the deceased as the deceased; and (c) completed the establishment of a neighboring real estate on the same day; and (b) jointly succeeded to this real estate by the Plaintiff, the wife, and F and G, who are their children. Meanwhile, on August 13, 2012, the Defendant submitted an application for the auction of real estate rent with the claim amount of KRW 175,00,000,000 as KRW 175,00,000,000 (hereinafter “instant auction procedure”); and (d) concluded a claim amount of KRW 175,000,000,000 for each claim amount of KRW 147,50000.7.37.7

3. Determination

A. The following facts for the determination of the cause of the claim do not conflict, or are recognized in full view of the overall purport of the pleadings in the entries in Gap evidence Nos. 3 and 4.

In other words, on May 25, 201, the Deceased borrowed interest of KRW 250 million from the Defendant to pay interest of KRW 36 million per annum, and completed the establishment registration of a neighboring establishment on five parcels, such as this real estate, and thereafter, the Deceased repaid the Defendant the principal and interest of KRW 219,900,000 as stated in the attached Table No. 1.

(2) This loan and principal and interest shall be made at the time of repayment.

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