(영문) 대구지방법원 2019.01.30 2018가단11746

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(영문) 대구지방법원 2019.01.30 2018가단11746

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. Facts of recognition;

A. On February 20, 2018, the Plaintiff filed an application for an auction of corporeal movables owned by D (hereinafter “D”) with the Daegu District Court 2018No. 571, and on May 9, 2018, the Defendant filed an application for an auction of D’s corporeal movables as the title of execution by a notary public on April 26, 2018, No. 72, No. 2018 (hereinafter “instant notarial deeds”) with the Daegu District Court 2018No. 1502 (hereinafter “instant notarial deeds”).

B. On May 17, 2018, an execution officer of the said auction case (hereinafter “instant auction”) drafted a distribution schedule to pay KRW 2,052,035 and KRW 9,657,965 to the Plaintiff and the Defendant respectively.

C. On May 29, 2018, on the ground that the Plaintiff and the Defendant did not reach a dividend agreement, the sales price of the instant movable property auction was deposited as gold No. 3936 in 2018.

From the distribution procedure (Tgu District Court C) to September 14, 2018, the distribution schedule was prepared to receive dividends of KRW 885,830 and KRW 80,00, respectively, and KRW 1,208,385 and KRW 9,521,159 in the second order.

[Ground of recognition] Facts without dispute, Gap evidence 1, 4, Eul evidence 2 (including those with a provisional number, and hereinafter the same), the purport of the whole pleadings

2. The assertion and judgment

A. In light of the fact that the representative F of the Defendant’s assertion is a registration director of D, the notarial deed of this case is made between the date of the first sale and the date of the second sale of movable property auction of this case, the agreement on interest is not entered in the loan certificate between the Defendant and D, and the Defendant failed to submit the evidence as to the funds source of money, etc., since the Defendant’s claim against D is the most false claim, the amount of dividends against the Defendant should be deleted and distributed to the Plaintiff as much as the deleted amount of dividends.

B. In a lawsuit of demurrer against distribution, the Plaintiff did not assert or prove the facts constituting the grounds for objection against distribution. As such, the Plaintiff is not a party.

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