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(영문) 대구지방법원포항지원 2019.07.25 2019가단2757
청구이의
Text

1. On March 14, 2019, the Defendant’s Daegu District Court Branch Decision 2018Gadan5797 against the Plaintiff in the case of demurrer against distribution against the Plaintiff.

Reasons

1. Facts that there is no dispute are stated in the distribution schedule of the Daegu District Court Branch C real estate compulsory auction case on October 18, 2018. ① The amount of the Plaintiff’s claim 74 million won, the amount of dividends 29,411,229 won, the amount of dividends 58.82%, the amount of the Defendant’s claim 15,214,246 won, the amount of dividends 8,949,383 won, and the amount of dividends 58.82% are stated.

After raising an objection against the distribution schedule on the date of distribution, the Defendant filed a lawsuit of demurrer against the Plaintiff at this court 2018da5797, and sought revocation of the mortgage contract between the Plaintiff D on the ground of fraudulent act, and ② to delete the Plaintiff’s amount of distribution due to the restitution to the original state, but to correct the amount of his amount of distribution to KRW 15,214,246.

On March 14, 2019, this Court rendered a decision to recommend reconciliation (hereinafter referred to as “decision”) with the following content in this Court case 2018da5797, and the decision became final and conclusive on April 2, 2019 due to the Plaintiff’s failure to raise an objection, and the Plaintiff repaid KRW 1,050,607 to the Defendant on April 3, 2019.

1. The Plaintiff shall pay KRW 10 million to the Defendant by April 30, 2019. If the Plaintiff fails to pay the said amount by the payment date, the amount calculated by adding the amount of the unpaid amount to 15% per annum from May 1, 2019 to the date of full payment.

2. The Plaintiff and the Defendant confirm that there is no objection against the distribution schedule of the real estate C real estate compulsory auction case at Daegu District Court Daegu District Court Branch C.

3. The defendant shall waive the remaining claims.

4. The costs of lawsuit shall be borne by each person;

2. Judgment on the ground of the Plaintiff’s claim

A. 1) On April 3, 2019, the Plaintiff asserts that on the part of the Defendant on April 3, 2019, the Defendant paid the remainder of KRW 1,050,607 after deducting KRW 8,943,393 that the Defendant received pursuant to the above order from the Defendant pursuant to the above distribution schedule, and that all obligations arising from the said order were extinguished. However, paragraphs (1) and (2) of the above decision.

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