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(영문) 서울북부지방법원 2019.10.11 2017가단140401
배당이의
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The following facts are acknowledged as either of the parties to a dispute or as a whole by considering the overall purport of the pleadings in each entry in Gap evidence 1 to 6:

A. The above court deposited the amount of dividends against E, the mortgagee, as the right to collateral security, in gold 2213 in the case of Goyang-gu District Court Goyang-gu D real estate auction in 2017.

B. On November 23, 2017, the Seoul Northern District Court made a distribution schedule of KRW 56,468,389, and KRW 31,39,787, and KRW 22,63,767 to Plaintiff B, who is the collection creditor (Seoul Northern District Court 2017Da1690), who is the right holder of the provisional seizure of claims against the collateral-mortgage (Seoul Northern District Court 2015Kadan10360), among the amount to be actually distributed on November 23, 2017, the said court prepared a distribution schedule that distributes KRW 110,441,943 in proportion to each claim amount (hereinafter “instant distribution schedule”).

C. The Plaintiffs appeared on the date of distribution and raised the instant lawsuit on November 28, 2017, each of which was not more than seven (7) days following the date of objection against the total amount of distribution to the Defendant.

2. The assertion and the judgment plaintiffs asserted that since they are false bonds with no claim against the defendant's E, the amount of dividends against the defendant should be deleted in full and the distribution schedule of this case should be revised in proportion to the amount of the plaintiffs' claims. However, there is no evidence to acknowledge that the defendant's claim against E is false bonds with no claim against the defendant's E.

Therefore, the plaintiffs' assertion against the defendant cannot be accepted without further review.

3. The plaintiffs' claims are dismissed for the same reasons as above.

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