(영문) 광주지방법원순천지원 2016.08.12 2015가단18965

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(영문) 광주지방법원순천지원 2016.08.12 2015가단18965

배당이의

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. According to the Defendant’s application with respect to F. 191 square meters and G 612 square meters, the auction procedure for real estate was initiated with the Gwangju District Court H. On September 23, 2015, the Defendant received distribution of KRW 150,000,000 (the principal amount among them is KRW 120,000,000) as the first mortgagee on the date of distribution on September 23, 2015 (hereinafter “first collateral mortgage”).

B. In addition, with respect to the land size of 116 square meters and J 1,57 square meters owned by E, the auction procedure for real estate was conducted upon the application of the Defendant and the National Bank of Korea Co., Ltd. (hereinafter “National Bank”). On December 8, 2015, the said auction court prepared a distribution schedule of 160,000,000 won (the principal amount is KRW 120,00,000,000) to the Defendant, who is the first mortgagee (the second mortgagee), who is the first mortgagee, as the first mortgagee, the amount of credit of 48,856,830,00 won, and the amount of credit of 112,471,230 won, which is part of the amount of credit of the Plaintiff, the second mortgagee, and the amount of credit of 112,471,230 won, and the amount of credit of 49,989,695 won (hereinafter “the distribution schedule”).

C. The plaintiff B.

62,580,535 won out of the defendant's dividend amount of 160,00,000 won (=the amount of claims 112,471,230 won - the plaintiff's dividend amount of 49,890,695 won) was present on the date of distribution of the auction procedure stated in the paragraph.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiff's assertion and judgment as to the plaintiff

A. The Plaintiff’s assertion E obtained 120,000,000 won from the Defendant as collateral and gave the Defendant a first collateral security, and the second collateral collateral security was merely a false establishment in collusion with the Defendant even though E did not borrow money from the Defendant. Thus, the instant distribution schedule should be revised as stated in the purport of the claim.

B. Determination is based on the above evidence and the witness K and E’s testimony.

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