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(영문) 대전지방법원천안지원 2020.12.16 2020가단114623
배당이의
Text

1. Of the distribution schedule prepared by the above court on August 27, 2020 with respect to the distribution procedure C by the Daejeon District Court as to the distribution procedure case.

Reasons

1. Facts of recognition;

A. On May 8, 2018, the Plaintiff lent KRW 115,000,00 to E under the joint and several guarantee of D.

E and D, around that time, concluded a contract to establish a security for transfer on computers and fixtures, etc. at the PCs located in Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-si (hereinafter “the instant movable”) in order to secure the above loan obligation, and made and issued a promissory note notarial deed stating the purport to recognize compulsory execution against the Plaintiff.

B. The Plaintiff seized the instant movable property to Daejeon District Court I on the basis of the above notarial deed as E/D delayed debt.

Since then, the defendant seized the movable property of this case to Daejeon District Court J for the Support of astronomical Areas based on the management expenses claim against E and D.

C. On August 27, 2020, in the Daejeon District Court’s case of the distribution procedure C for the distribution of the instant movable property, the court prepared a distribution schedule stating that KRW 25,03,220, which deducts the execution cost from the sale price of the instant movable property, depending on the amount of the claims between the Plaintiff and the Defendant, should be divided into KRW 21,865,029, and distribute KRW 3,168,191 to the Defendant.

The Plaintiff appeared on the date of the above distribution, and raised an objection against the total amount of the Defendant’s dividends, and thereafter filed a lawsuit of demurrer against the distribution on August 28, 2020, one week thereafter.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. In the event that a contract to establish a security for the purpose of judgment is entered into, and at the same time, a notarial deed accepting a compulsory execution in the event of default, a mortgagee may dispose of it for private purposes according to the terms and conditions of the security for transfer without being based on the execution certificate, or be commercialized by settling accounts after acquiring it by himself, but may be commercialized by means of seizure of collateral based on the execution certificate and conducting a compulsory auction by the latter method. If a compulsory auction is conducted by the latter method, it may be conducted by such method.

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