logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원김천지원 2016.04.27 2015가단3828
배당이의
Text

1. The Daegu District Court prepared on May 28, 2015 with respect to the case of application for a voluntary auction of real estate in the Daegu District Court Kimcheon-gu C.

Reasons

1. Basic facts

A. On November 24, 2008, Yongnam Development Co., Ltd. entered into a contract to establish a collateral (hereinafter “instant apartment”) that causes 25 million won and 301 (hereinafter “the instant apartment”) of the old-si D apartment Nos. 102 and 301 (hereinafter “the instant apartment”) with Defendant Daeyang Construction Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and completed the registration of the establishment of a collateral (hereinafter “the instant apartment”) around November 25, 2008, and completed the registration of the establishment of a collateral (hereinafter “the instant apartment”).

B. On November 20, 2014, regarding the instant apartment, the prior agricultural cooperative, the creditor of the instant apartment, filed an application for voluntary auction, and on November 20, 2014, the voluntary auction procedure (hereinafter “instant auction procedure”).

C. On May 28, 2015, the date of distribution of the instant auction procedure: (i) KRW 19,985,295 in total to Defendant B (i.e., KRW 2,000,000 in the order of 2nd priority 12,000,000 in the order of 4nd priority 6nd 1,000,000 in the fixed date tenant with the order of 7nd priority 4,985,259 in the order of 7nd 4,985,259 in the order of 5nd mortgage in the Defendant Company; (ii) KRW 25,00,000 in the order of 510,790 in the Plaintiff as the person with the right of 7th provisional attachment.

On June 3, 2015, the Plaintiff raised an objection against the total amount of dividends to the Defendants on the date of distribution, and filed the instant lawsuit on June 3, 2015, which was within seven days thereafter.

[Reasons for Recognition] The written evidence Nos. 1, 4, and 7 and the purport of the whole pleadings

2. As to the plaintiff's claim against the defendant B

(a) Indication of claim: A claim for objection against the distribution on the ground that the lease contract entered into between Defendant B and E with respect to the instant apartment on September 5, 2014 (the deposit KRW 20 million, the rent KRW 200,000) was null and void as a false declaration of conspiracy.

Judgment on Confession (Article 208 (3) 2 of the Civil Procedure Act)

3. As to the plaintiff's claim against the defendant company

A. The plaintiff's assertion is invalid as a false agreement in light of the relationship between Yong-Nam Development Co., Ltd. and the defendant company.

arrow