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(영문) 의정부지방법원 2016.11.23 2016가단101921
배당이의
Text

1. All of the plaintiff's claims are dismissed.

2. All the costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Basic facts

A. The distribution case (1) was commenced on December 17, 2012 with respect to five parcels of land including L, 1372 square meters, including L, Macheon-si, for five parcels of land (the compulsory auction case for real estate was initiated on December 17, 2012) (the case overlaps with J and K on December 15, 2014), and the decision was made on February 9, 2015 as the period of demand for distribution.

(2) In the above auction case, Defendant B rendered 2012Ga3477 decided January 30, 2013; Defendant C made 2008Ga315 decided March 12, 2008, the District Court of Kucheon-si, the District Court of Kucheon-si, the order for payment of Defendant D made 2008Ga319 decided March 12, 2008; Defendant E made 2008Ga316 decided March 12, 2008, the District Court of Kucheon-si, the principal and interest of Defendant F made 30,316 decided on March 12, 2008, the District Court of Kucheon-si, the District Court of Sucheon-si, the payment order of 2008Da317 decided on March 12, 2008, the claims for distribution of the mortgage, and the claims for the acquisition of the trust interest of Defendant GG as the 30,318,2008 City District Court of Korea.

(3) On the date of distribution on January 25, 2016, the District Court drafted a distribution schedule of KRW 31,810,234 to the Plaintiff; KRW 15,386,210 to the Defendant C; KRW 30,095,728 to the Defendant D; KRW 6,085,018 to the Defendant E; KRW 12,309,333 to the Defendant F; KRW 20,515,556 to the Defendant G; KRW 45,49,322 to the Defendant B; and KRW 10,520,717 to the Defendant H, respectively.

B. (1) On August 1, 2005, the Plaintiff loaned KRW 367,00,000 to M with interest rate of KRW 1.5% per month and due date of payment on July 31, 2007, and agreed that M’s delayed payment on two or more occasions of payment of interest shall lose the benefit of the due date and immediately repay the remainder of the total amount of the debt.

(2) Since August 31, 2006, M delayed payment of interest on the Plaintiff. The Defendant each made a donation or sale of real estate for the auction purpose of this case from May 26, 2006 to October 31 of the same year.

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