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(영문) 수원지방법원평택지원 2020.01.15 2019가단50562
배당이의
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff filed a lawsuit against F Co., Ltd. (hereinafter “F”) in the Seoul Central District Court to return the membership fee.

On June 19, 2014, the above court rendered a judgment (Seoul Central District Court 2014Da55282) that “F shall pay to the Plaintiff the amount of KRW 39.8 million and the amount calculated at the rate of KRW 20% per annum from February 5, 2014 to the date of full payment (Seoul Central District Court 2014Da5282).” The above judgment was finalized on July 10, 2014.

B. On May 31, 2017, the Plaintiff filed an application for a compulsory auction for real estate title K-L of the J building in Suwon District Court H, H, and I, which was owned by F based on the above judgment deposit claim, with respect to the above real estate, the said court conducted the E compulsory auction procedure (hereinafter “instant auction procedure”).

C. On January 10, 2019, the Suwon District Court distributed KRW 3,519,570 to Defendant Ansan-si (the pertinent tax holder) and KRW 49,087,090 to Defendant Ansan-si (the pertinent tax holder) and KRW 51,149,494 to Defendant Ansan-si (the pertinent tax holder) and KRW 51,149,49,494, respectively, among the amount to be actually distributed on January 10, 2019, and the Plaintiff was not paid dividends at all.

The Plaintiff appeared on the date of distribution, and raised an objection to the total amount distributed to the Defendants, and filed the instant lawsuit on January 16, 2019.

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap Nos. 1-5, the purport of the whole pleadings

2. The plaintiff's assertion and determination that although the defendant Ansan-si had already received dividends through the exercise of the right of delivery in other auction procedures, the plaintiff filed an application for double distribution of the property tax, etc., and the insurance premium, etc. imposed by the defendant Corporation should be deleted from the entire amount distributed to the defendants, alleging that it was unfairly claimed as non-refilled amount. The plaintiff should receive 66,209,753 won out of the deleted amount of dividends, but the plaintiff's evidence submitted by the plaintiff or this court.

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