(영문) 대전지방법원 2017.01.24 2016가단27372

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(영문) 대전지방법원 2017.01.24 2016가단27372

배당이의

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 3, 2015, at the Daejeon District Court C real estate auction case of the Daejeon District Court, the distribution schedule of the Plaintiff’s dividends of KRW 110,00,000, the amount of dividends to the Defendant, the amount of dividends of KRW 0,00 to F, and the amount of dividends to the Defendant was prepared. The Defendant and F raised an objection against the Plaintiff’s dividends on the date of distribution, and then filed a lawsuit of demurrer against each of the following persons.

B. F filed a lawsuit of demurrer against distribution (Seoul District Court 2015Kadan227595) with the purport that the Plaintiff is the most lessee, and that it should pay KRW 70,000,000 to himself/herself, who entered into a lease contract of KRW 70,000,000. The Defendant also filed a lawsuit of demurrer against distribution ( Daejeon District Court 2015Kadan2277000) that is identical to the allegations asserted by F.

C. On May 27, 2016, with respect to the Defendant’s lawsuit of demurrer against distribution (2015da227700), the instant court rendered a ruling of recommending settlement that “The amount of dividends against the Defendant shall be KRW 70,000,000, and the amount of dividends against the Plaintiff shall be KRW 40,000,00” (hereinafter in this court’s lawsuit of demurrer against distribution) and the lawsuit of demurrer against distribution (hereinafter in this court’s lawsuit of demurrer against distribution) by F on the same day, the court made a ruling of recommending settlement that “The amount of dividends against F shall be KRW 70,00,000, the amount of dividends distributed to the Plaintiff as of December 3, 2015, and KRW 40,000,000,000,” respectively.

With respect to the amount of KRW 109,99,475 to be distributed to the case for compulsory auction of real estate C, the court prepared a distribution schedule of KRW 70,00,000 as dividends to F on September 1, 2016, and KRW 39,99,475 as dividends to the Defendant. The Plaintiff raised an objection against the Defendant’s dividends on the date of distribution, and filed a lawsuit of demurrer against distribution on September 7, 2016.

[Ground of recognition] Unsatisfy, Gap 1, 2 evidence, Gap 7 evidence 1, and two arguments.

유사 판례

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-청주지방법원 제천지원 2018.01.10 2017가단601

-대전지방법원 2016.07.07 2015가합3871