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(영문) 수원지방법원 2017.01.19 2016나55186
배당이의
Text

1. The judgment of the court of first instance is modified as follows.

2. The plaintiff's main claim is dismissed.

3.(a)

Defendant C.

Reasons

1. Basic facts

A. On December 5, 2013, the Plaintiff entered into an export credit guarantee agreement between E and a new bank with a loan handling institution, setting the ceiling on the principal of the loan as KRW 240,000,00, and C jointly and severally guaranteed all obligations to be borne by E under the said agreement.

B. On March 18, 2014, the Plaintiff was issued a provisional attachment order with regard to the Suwon District Court’s Ansan Branch of 2014Kadan100255 (hereinafter “the apartment of this case”) regarding C’s KRW 344,00,000 of the prior indemnity amount of February 26, 2014, the Plaintiff received the provisional attachment order as to the members D, 103 Dong 1301 (hereinafter “the apartment of this case”).

C. On March 4, 2014, the Defendant leased the instant apartment from C with KRW 20,00,000 (hereinafter “instant lease contract”), and around that time, received the transfer of the instant apartment and received the fixed date of the lease contract by filing a move-in report on March 13, 2014 after receiving the transfer of the instant apartment.

Meanwhile, on April 24, 2014, ABF Capital Co., Ltd., a collateral security right holder of the instant apartment, applied for a voluntary auction on the instant apartment to Suwon District Court Ansan Branch B, and received a voluntary decision to commence the auction on April 25, 2014 from the said court.

(hereinafter “instant auction procedure”). (e)

On May 7, 2015, the execution court of the auction procedure of this case distributed KRW 20,000,000 to the defendant who reported as a small lessee on the date of distribution open on May 7, 2015, and prepared a distribution schedule (hereinafter “instant distribution schedule”) that distributes the amount of KRW 4,146,376 to the trustee in bankruptcy (the Korea Trade Insurance Corporation and the case number of provisional seizure: Plaintiff 2014Kadan102555) in three order.

F. Accordingly, on the date of distribution, the Plaintiff stated an objection to the total amount of dividends to the Defendant, and filed the instant lawsuit on May 13, 2015, within one week thereafter.

[Ground of recognition] Gap evidence Nos. 1, 2, 3, 5, 6, 8, 10 (including numbers for those with serial numbers; hereinafter the same shall apply), Eul evidence Nos. 5 and the purport of the whole pleadings.

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