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(영문) 서울중앙지방법원 2017.09.27 2016가단5249024
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) D shall be the real estate listed in the separate sheet (hereinafter “instant real estate”).

(2) On November 3, 2015, the Seoul Central District Court completed the registration of transfer of ownership as Seoul Central District Court No. 259525, Nov. 9, 2012, the Defendant completed the registration of transfer of ownership as to the instant real estate as the Seoul Central District Court’s receipt No. 155377, Jun. 3, 2015, on June 2, 2015 (hereinafter “provisional registration of this case”).

3) On August 25, 2015, D’s creditors E obtained a decision to commence compulsory auction on the instant real estate (Seoul Central District Court C) and completed the registration of provisional attachment on the same day with respect to the instant real estate on September 15, 2015 (Seoul Central District Court 2015Kadan809064), upon receiving a decision to provisionally seize the amount claimed against D on September 15, 2015 (Seoul Central District Court 2015Kadan809064).

B. On October 18, 2016, the distribution auction court prepared a distribution schedule to distribute the amount of KRW 140,466,997 (the dividend ratio of KRW 85.91%, the amount of credit of KRW 163,50,00) to the Defendant, who is the person having the right to provisional registration, on the date of distribution. The Plaintiff, who is the person having the right to provisional seizure, raised an objection to the total amount of dividends of the Defendant, and filed the instant lawsuit on October 25, 2016, which is within one week thereafter.

[Grounds for recognition] The written evidence Nos. 6, 9, and 20 and the purport of the whole pleadings

2. The parties' assertion

A. The Defendant, an attorney-at-law, completed the provisional registration of this case on the ground of the claim for fees against D, and is a false claim to evade the Plaintiff’s claim.

B. The Defendant dealt with the case without receiving the fees in close relation with Defendant D.

The provisional registration of this case is completed in order to secure a loan to D, past and future claim for royalties.

3. Determination

A. Fact 1) The defendant is an attorney-at-law. 2) H is the omission of D, and I is a woman.

D, together with H and I, is operating K hotel in one parcel outside J of Gyeonggi-gun, H and I.

3 The defendant shall account D for each account of KRW 32 million and KRW 15 million on June 2, 2015.

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