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(영문) 대구지방법원상주지원 2017.06.07 2016가단3569
배당이의
Text

1. The Daegu District Court prepared on November 18, 2016 with respect to a compulsory auction case A with respect to stay at the seat of the Daegu District Court.

Reasons

1. Facts of recognition;

A. According to the Daegu High Court Decision 2013Na20862, the Defendant had a claim for damages for delay calculated at the rate of 5% per annum from April 7, 2012 to September 3, 2014 and 20% per annum from the following day to the date of full payment.

B. On July 24, 2015, the Defendant submitted a claim statement demanding payment of principal amount of KRW 139,561,00 and delay damages amount of KRW 41,60,647 in the case of a compulsory auction by official auction for real estate B located in the Daegu District Court where the real estate owned by the Plaintiff was in progress. On the same day, C stated an objection against the Defendant’s dividend amount.

C. On July 31, 2015, the Defendant: (a) prepared and sealed a written agreement with C to the effect that C received KRW 135,831,784, instead of giving up a waiver of the objection to the distribution against the Defendant; and (b) the Defendant’s claim against the Plaintiff was fully repaid; and (c) entirely terminated the provisional attachment against the real estate owned by the Plaintiff without any condition on the provisional attachment (hereinafter “instant agreement”); and (d) delivered it to C; (b) C delivered it to the Plaintiff, and the Plaintiff affixed a seal thereto.

The defendant received dividends of KRW 135,831,784 according to the above distribution schedule around that time.

E. The Defendant submitted a claim statement claiming the payment of the principal amount of KRW 57,031,078 and delay damages amount of KRW 11,996,889 in the case of a real estate compulsory sale by official auction in Daegu District Court A with respect to real estate owned by the Plaintiff, and the distribution schedule was prepared on November 18, 2016 to receive dividends of KRW 57,645,864.

In the above distribution schedule, the amount of dividends to the plaintiff is zero won.

[Ground of recognition] Facts without dispute, Gap evidence 3, 4, 5-2, 6-1 to 10, Eul evidence 1 and 2, the purport of the whole pleadings

2. The cause of the action.

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