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(영문) 의정부지방법원고양지원 2016.11.04 2015가단26699
배당이의
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On November 20, 2014, the 26.01/90 of the 101m2 square meters in Jbyadong-dong 101 (hereinafter “instant building”) and 902m2 in Paju-si was owned by the network K. As to each of the above real property, the procedure for compulsory auction (hereinafter “instant auction procedure”) was commenced on November 20, 2014 with respect to each of the above real property as Jbya-dong 101m2.

B. As to the building of this case, on May 12, 1998, the provisional attachment registration based on the provisional attachment order of Non-party L, Claim Amount of 55,00,000, Government Branch of Seoul District Court of 98Kadan52300, provisional attachment registration based on the provisional attachment order of 98Kadan52300, creditor net C, Government Branch of Seoul District Court of 99Kadan50678, provisional attachment registration based on provisional attachment order of 99Kadan50678, June 23, 199, provisional attachment registration by the provisional attachment order of Defendant A and Seoul District Court of 9Kadan51043 was completed.

C. On August 5, 2015, the Plaintiff entered into a credit transfer contract with L’s L’s L’s L’s L’s L’s L’s L’s heir on August 6, 2015.

In the instant auction procedure, on September 8, 2015, the court prepared a distribution schedule to distribute KRW 5,944,343 to the deceased C, KRW 6,274,58 to the Defendant A, KRW 6,118,739 to Nonparty A, and KRW 6,18,739 to Nonparty L.

E. The Plaintiff asserted that the Plaintiff is a transferee of L’s claim for dividend payment, and raised an objection against C and Defendant M as to the whole amount of dividend payment on the aforementioned date of distribution, but the said court notified that the Plaintiff’s objection is unlawful and thus dismissed, and then made the distribution in accordance with the distribution schedule.

(f) Defendant B, D, E, and F are the successors of the network C.

[Ground of recognition] The items of Gap evidence 1 to 3, 5 and 6, and the purport of the whole pleadings

2. As to the legitimacy of the instant lawsuit, the Plaintiff asserts that the Plaintiff had already acquired L’s claim against L’s net K at the date of distribution of the instant auction procedure and completed the notification of transfer, and that the Plaintiff was in a position to raise an objection by attending the said date on the date of distribution and on the money distributed to the Defendants.

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