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(영문) 수원지방법원여주지원 2020.07.21 2019가단58686
배당이의
Text

The distribution schedule prepared on November 3, 2019 by the above court with respect to the compulsory auction case of Suwon District Court E Real Estate E.

Reasons

The reasons for the claim against the defendant C are as shown in the attached Table 1 of the claim for judgment.

In a judgment rendered by the confession of applicable provisions of law (Articles 208(3)2 and 150(3) of the Civil Procedure Act), the Plaintiff completed the registration of establishment of a mortgage over KRW 650 million with respect to each real estate listed in the separate sheet No. 2 attached hereto (hereinafter “each of the instant real estate”), on June 13, 2014, with respect to each real estate listed in the separate sheet No. 2 attached hereto (hereinafter “instant real estate”).

(hereinafter “The instant collateral security”). On December 17, 2018, Suwon District Court rendered a branch court’s credit support E with respect to each of the instant real estate, the compulsory auction procedure for real estate was initiated.

(hereinafter “instant auction”). The auction court, on November 13, 2019, determined the amount to be actually distributed to the Plaintiff as KRW 606,852,105, and, on the first priority, set up a distribution schedule with the content of allocating dividends of KRW 20,534,00 to Defendant B, who is a wage obligee, and KRW 1,320,00 to Defendant D, who is a wage obligee, in the first priority, and KRW 425,305,936 to the Plaintiff, who is a collective security obligee of the instant case, as the third priority.

On the date of the above distribution, the Plaintiff raised an objection to the entire amount of dividends against Defendant B and D, and thereafter filed the instant lawsuit on November 18, 2019, one week thereafter.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 7-2, plaintiff's assertion of the purport of the whole argument, defendant B, and D are the most wage creditors against the medical foundation of this case. Thus, the amount of dividends against the above defendants should be deleted.

The burden of proof of the grounds for objection to a distribution in a lawsuit of demurrer against distribution is also in accordance with the principle of allocation of burden of proof in general civil procedure. In the event that the plaintiff asserts that the claim of the defendant has not been constituted, the defendant is liable to prove the grounds for the claim,

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