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(영문) 대구지방법원 2019.03.28 2018가단117590
배당이의
Text

1. Of the distribution schedule prepared on May 31, 2018 by the said court with respect to the Daegu District Court B’s auction of real estate.

Reasons

1. Facts of recognition;

A. The defendant is the husband of C's child D.

B. On March 30, 1998, C completed the registration of ownership transfer with respect to an apartment registered in the attached list (hereinafter “instant apartment”), and completed the registration of ownership transfer with respect to the apartment registered in the name thereof on the same day E Co., Ltd. (hereinafter “F”) (hereinafter “F”), the obligor C, the maximum debt amount of KRW 28 million, without distinguishing the period before or after the merger, and completed the registration of mortgage creation with respect to the apartment registered in the attached list (hereinafter “instant apartment”). On March 4, 2003, C completed the registration of ownership transfer with respect to the mortgage of KRW 40,000,000 (hereinafter “mortgage 2”).

C. According to F’s application for voluntary auction based on the first right to collateral security, the Daegu District Court rendered a voluntary decision to commence the auction of the instant apartment on August 11, 2017.

On November 29, 2016, the Plaintiff, at the auction proceedings conducted following the decision to commence voluntary auction, made a demand for distribution to the executing court with the claim of KRW 540,418,861 against C and the damages for delay against the final and conclusive Busan District Court Branch Branch Branch of the Busan District Court (22800, Nov. 29, 2016), as executive title, the decision to order a payment order of KRW 540,418,861 against C. The executing court made a demand for distribution with the claim of the court of execution. Of KRW 68,272,615, the amount to be actually distributed on the date of distribution progress on May 31, 2018, KRW 20,800,000, the second secured debt amount of KRW 40,000, the second secured debt amount of KRW 2,000, the Defendant, the second secured debt, and KRW 18,749,405, each of the remaining claims against the Plaintiff (hereinafter referred to as a general creditor).

The Plaintiff appeared on the date of distribution and stated an objection against the full amount of the Defendant’s dividends, and filed a lawsuit of demurrer against distribution on June 5, 2018, which is within one week from the date thereafter.

[Reasons for Recognition] A. A. 1, 2, 3.

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