(영문) 서울북부지방법원 2019.10.11 2017가단24462

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(영문) 서울북부지방법원 2019.10.11 2017가단24462

배당이의

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The following facts are acknowledged as either of the parties to a dispute or as a whole by considering the overall purport of the pleadings in each entry in Gap evidence 1 to 6:

A. The above court deposited the amount of dividends against E, the mortgagee, as the right to collateral security, in gold 2215 in the case of Goyang-gu District Court Goyang-gu D real estate auction in 2017.

B. On October 26, 2017, the Seoul Northern District Court made a distribution schedule (hereinafter “instant distribution schedule”) in which the Defendant, who is the person holding the provisional seizure of claims against the collateral security (Seoul Northern District Court 2015Kadan103660), KRW 18,979,916, and KRW 7,607,566, and KRW 10,533,797,797, to the collection creditor (Seoul Northern District Court 2016 Tata18315), are distributed in proportion to each claim amount among KRW 37,121,279, the amount to be actually distributed (hereinafter “instant distribution schedule”) to the Plaintiff A, who is the collection creditor (Seoul Northern District Court 2017 Tachi1690).

C. The Plaintiffs appeared on the date of distribution and raised the instant lawsuit on November 1, 2017, each of which was not more than seven (7) days following the date of objection against the full amount of distribution to the Defendant.

2. The assertion and the judgment plaintiffs asserted that since they are false bonds with no claim against the defendant's E, the amount of dividends against the defendant should be deleted in full and the distribution schedule of this case should be revised in proportion to the amount of the plaintiffs' claims. However, there is no evidence to acknowledge that the defendant's claim against E is false bonds with no claim against the defendant's E.

Therefore, the plaintiffs' assertion against the defendant cannot be accepted without further review.

3. The plaintiffs' claims are dismissed for the same reasons as above.

유사 판례

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-서울중앙지방법원 2018.04.03 2016가단149990

-창원지방법원 2019.05.15 2018가단13038