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Reasons
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(영문) 창원지방법원 2016.07.21 2015가단87380
배당이의
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1. The plaintiff's respective claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. The conciliation of related family cases and the process of compulsory auction is 1) The Plaintiff filed a lawsuit against F for divorce, etc. with the Changwon District Court 2014Dhap5099, and F filed a counterclaim against the Plaintiff, such as divorce, etc. with the same court 2014Dhap5105. 2) On November 10, 2014, the Plaintiff and F were divorced, and F paid the Plaintiff KRW 150 million as property division.

B. Defendant B’s payment order 1) Defendant B’s loan of KRW 33,000,000 (hereinafter “Defendant B’s loan claim”) against F on November 24, 2014 by Busan District Court 2014 tea1604 (hereinafter “Defendant B’s loan claim”).

(2) On November 28, 2014, Defendant C applied for a payment order seeking the payment of the loan amounting to KRW 77,000,000 (hereinafter “Defendant C’s loan claim”) and the delayed payment damages therefrom to F on November 18, 2014, and applied for a payment order claiming payment of the loan amounting to KRW 77,000,000 (hereinafter “Defendant C’s loan claim”) to F on November 21, 2014.

3) Defendant D’s loan of KRW 69,848,977 (hereinafter “Defendant D’s loan credit”) against F on November 17, 2014 as Busan District Court Decision 2014 tea15648 (hereinafter “Defendant D’s loan credit”).

(C) On November 28, 2014, upon filing an application for a payment order seeking the payment of damages for delay, the said court received an order to pay the same content as the said order from the said court. (c) In the E-real estate compulsory auction case for which the Plaintiff filed an application for the preparation of a distribution schedule and an objection thereto with respect to F real estate, the auction court shall pay to Defendant B KRW 9,381,126 on the date of distribution on November 27, 2015, KRW 23,350,411 to Defendant C, and KRW 18,752,826 to Defendant D, and KRW 37,140,918 to the Plaintiff, respectively (hereinafter “instant distribution schedule”).

A. The plaintiff was present on the date of the above distribution, and the plaintiff was present on the total amount of dividends to the defendants.

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