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(영문) 광주지방법원 2016.11.23 2016나3962
배당이의
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

The reasoning for this Court’s explanation concerning this case is that, except for the alteration of part of the judgment of the court of first instance as follows, the reasoning for the judgment of the court of first instance is identical to that of the judgment of the court of first instance.

Therefore, the judgment of the first instance court is justifiable, and the plaintiff's appeal is dismissed.

2. Change of two pages 11 to 18 of two pages 2 to "2. 21. 205" of two pages 8 to "2. 22. 2. 2, 2005" to "Yanju District Court Yancheon" to "Yanju District Court Yancheon," as follows:

2. In light of the Plaintiff’s assertion and judgment (1) (a) and there is no financial data to support the fact that money was paid between C, F and the Defendant, etc., the instant right to collateral security was established by a false competitive agreement in a state where no secured obligation exists, and the Defendant also transferred the said right to collateral by a false competitive agreement.

(B) Even if it is not so, F applied for an auction to enforce the above right to collateral security by setting the claim amount as KRW 10 million. Accordingly, since the secured debt amount of the above right to collateral security was determined as KRW 10 million, the amount of dividend against the Defendant shall not exceed KRW 10 million.

(C) Therefore, the instant distribution schedule should be corrected as stated in the purport of the claim.

(2) According to the evidence Nos. 2 (A) of the judgment, C confirmed that interest was paid by the Defendant on January 15, 2010 and repaid 17,000,000 won to the Defendant on May 15, 2010. However, it appears that C consented to the transfer of the instant collective security right (the instant collective security right) with respect to the instant real estate as security. The registration of the establishment of the instant collective security right was completed by the Plaintiff on February 22, 2005, prior to the first provisional attachment (provisional attachment on May 6, 2005) of the instant real estate.

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