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(영문) 수원지방법원평택지원 2017.06.14 2016가단3886
배당이의
Text

1. A dividend table prepared on April 1, 2016 by this court with respect to the distribution procedures case of Suwon District Court Sejong Housing Site D.

Reasons

1. Basic facts

A. The trust assets of the debtor E Co., Ltd. (hereinafter “E”) for the International Asset Trust Co., Ltd. (hereinafter “E”) were sold in the F Auction case of the Suwon District Court of Suwon District, and the amount of KRW 357,667,488 was distributed to the International Asset Trust, and the International Asset Trust deposited it as a third debtor.

B. When the seizure of the Plaintiff and the Defendants, G, and T Lease Co., Ltd. were competition with respect to the right to claim the payment of the deposit money of E, the distribution procedure was initiated on April 1, 2016, and the distribution procedure (the claim of KRW 139,977,786, and KRW 11,442,482 (the claim of KRW 17,625,30 as the collection creditor) was made to the Plaintiff on the date of distribution on April 1, 2016, and KRW 50,654,632 (the claim of KRW 78,025,30 as the collection creditor), and KRW 10,56,051 (the claim of KRW 16,275,300 as the collection creditor) was distributed to the Defendant C.

C. On April 1, 2016, the Plaintiff, as to each of the above dividend amounts of the Defendants, raised an objection to the distribution, and the Plaintiff had the same month.

5. The instant lawsuit was filed in the instant court.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 8 (including each number, hereinafter the same shall apply) and the purport of the whole pleadings

2. The Plaintiff’s assertion Defendants prepared a notarial deed for a loan having no substantive substance in collusion with E as a related party to E, and received dividends in the instant distribution procedure by receiving a seizure and collection order. Since all of the above claims are the most false claims, the said claims are the most false claims, and the said distribution amount should be revoked and deleted, and all of them should be distributed to the Plaintiff.

3. Determination of the claim against Defendant C as to the claim is made pursuant to Article 150 of the Civil Procedure Act. Therefore, the amount of dividend against Defendant C shall be deleted, and the corresponding amount shall be distributed to the Plaintiff.

4. Determination as to the claim against Defendant A and B

A. The burden of proof is related to a lawsuit of demurrer against distribution.

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