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(영문) 광주지방법원순천지원 2014.05.30 2013가단74268
배당이의
Text

1. The plaintiff's claim of this case is dismissed.

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

Reasons

1. The facts below the basis of facts do not conflict between the parties.

As a creditor of indemnity against C, the Plaintiff filed an application for a compulsory auction of 331 square meters of D forest land owned by C, and in this case, the auction court, which is the above compulsory auction case, distributed the amount of KRW 25,493,359 to the Defendant (the principal of KRW 71,50,000) who is the person holding the provisional attachment (the principal of KRW 71,50,000), the amount of KRW 21,897,722, and the Plaintiff (the Plaintiff (the total principal of KRW 11,740,40,401) who is the applicant creditor, the remaining amount of KRW 3,595,637 in proportion to the amount of the claim.

B. The Plaintiff raised an objection against KRW 8,144,764, which was not distributed to the Plaintiff on the date of distribution to the Defendant on the date of distribution.

2. The plaintiff asserts that since the defendant received dividends in the distribution procedure of this case by issuing a false claim based on the payment order, the plaintiff's assertion that the distribution schedule should be corrected within the limit of objection, and the defendant asserts that he received dividends as a legitimate creditor against C.

In full view of the evidence Nos. 1 through 7, the defendant received a loan certificate from C and participated in the distribution of this case through the final payment order, the amount of KRW 71,50,000 is determined as a legitimate bond.

Therefore, the plaintiff's claim is dismissed. It is so decided as per Disposition.

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