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(영문) 창원지방법원 통영지원 2021.01.28 2019가단24918
배당이의
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On May 24, 2018, the Plaintiff filed a lawsuit against Nonparty E seeking payment of the purchase price as Busan District Court Branch Branch 2017 Ghana 29039, and the said court rendered a judgment on May 24, 2018 that “E shall pay to the Plaintiff 23,00,000 won and the amount calculated at the rate of 6% per annum from March 1, 2017 to March 31, 2018, and 15% per annum from the next day to the date of full payment,” and the said judgment became final and conclusive on June 15, 2018.

B. The Plaintiff filed an application for an auction with respect to a building of 123 square meters and above ground owned by E (hereinafter “each of the instant real estate”) with the title to execute the said judgment, and rendered a decision to commence compulsory auction of real estate on June 21, 2018 (hereinafter “instant auction procedure”). C.

On the other hand, on June 3, 2016, the Defendant completed the registration of the creation of the right to collateral security (hereinafter “registration of the creation of the right to collateral security”) with regard to each of the instant real estate as to the Defendant, the debtor, the obligor, and the maximum amount of the claim amount of KRW 24,000,000, under Article 9916, which was received by the Changwon District Court’s Gowon Branch.

During the auction procedure of this case, G association, among the amount of KRW 35,480,20,200, the amount of which is to be actually distributed on June 26, 2019, was prepared a dividend table (hereinafter “the dividend table of this case”) with the content of dividends of KRW 7,628,273 (1), KRW 24,00,00 (2), KRW 3,779,030 (3), KRW 16,058 (4), and KRW 56,839 (4) to the Plaintiff as the applicant for the claim.

The Plaintiff appeared on the dividend date and raised an objection against the full amount of the Defendant’s dividends, and filed a lawsuit of objection against the instant dividends on July 1, 2019, within one week thereafter.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 7 (including each number, if any) and the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion E is an obligation to the Defendant.

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