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(영문) 서울동부지방법원 2013.11.19 2013가단29678
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Fact that there is no dispute over basic facts [based for recognition], Gap evidence 2, 8, Eul evidence 1 and 6, and the purport of the whole pleadings;

A. Nonparty C purchased the instant land and its ground buildings in Gwangjin-gu Seoul Special Metropolitan City (hereinafter “instant land and buildings”), and completed the registration of ownership transfer on October 30, 199 on December 20, 199.

B. On August 8, 2011, the Defendant completed the registration of the establishment of a mortgage over KRW 588,00,000 on August 23, 201, on the instant land and building.

C. Meanwhile, Nonparty E completed the provisional registration of the right to claim ownership transfer on the same day on the grounds of trade reservation on August 24, 201 with respect to the instant land and building, and completed the principal registration of the right to transfer ownership on February 15, 2012.

As to the instant land and building, the Defendant filed an application for a voluntary auction of real estate with this court B, and rendered a final decision on July 11, 2012 to commence the auction of this court.

On October 2, 2012, the Plaintiff reported a right and demanded a distribution of KRW 40 million to the above auction court. However, on the date of distribution implemented on May 24, 2013 in the above auction case, the Plaintiff received KRW 300,000,000 from F to the first priority (small lessee) on the date of distribution implemented on May 24, 2013 in the above auction case, KRW 198,650,000 from Gwangjin-gu Seoul Special Metropolitan City to the second priority (right holder), KRW 568,017,172 from the Defendant to the third priority (right holder), and KRW 60,000 from G to the fourth priority (beneficiary). The Plaintiff was excluded from the distribution.

F. The Plaintiff raised an objection against the distribution of KRW 30 million among the Defendant’s dividends, and filed a lawsuit of demurrer against the distribution on May 31, 2013.

G. The Plaintiff filed a move-in report on October 4, 2001 on the instant building, but transferred on August 31, 2004. On September 2, 2004, the Plaintiff filed a move-in report on September 2, 2004, but transferred on October 25, 2010 again. On October 26, 2010, the Plaintiff filed a move-in report on the underground floor of the instant building, but transferred on August 8, 201, and again filed a move-in report on the second floor of the instant building on August 26, 201.

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