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(영문) 서울중앙지방법원 2014.10.29 2013가단311763
배당이의
Text

1. The part of the instant lawsuit seeking rectification of the distribution schedule shall be dismissed.

2. The plaintiff's remaining claims are dismissed.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant’s claim 1) filed a lawsuit against C, etc. to claim a return of legal reserve of inheritance and received the judgment that “C shall pay to the Plaintiff 540,310,910 won per annum from January 6, 2011 to January 16, 2012; and 20% per annum from the next day to the date of full payment.” The above judgment became final and conclusive (hereinafter “Plaintiff’s claim for legal reserve of inheritance”).

(2) On June 4, 2010, the Defendant leased KRW 650 million to D Co., Ltd. (hereinafter “Defendant’s loan claim”), and completed the registration of the establishment of a mortgage with the maximum debt amount of KRW 910 million (hereinafter “instant real estate”), which was provided as joint collateral by the Defendant, for the land purchase of KRW 650 million and KRW 344 square meters in E, E, 1984 square meters in size, F, 344 square meters in size (hereinafter “helified real estate”) and the land purchase of KRW 152 square meters in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, and 29.75 square meters in neighborhood living facilities in the branch of the land (hereinafter “instant real estate”).

B. The Defendant received dividends of KRW 458,166,871 as a mortgagee in the auction procedure for ignified real estate and the distribution of dividends from Suwon District Court H, I (Dual) and I (Dual) auction procedure for ignified real estate and appropriated it for the repayment of the Defendant’s loan claims.

C. 1) The Defendant, on February 19, 2013, received a decision to commence the auction of the instant real estate as Seoul Central District Court B on February 19, 2013 (hereinafter “instant auction”).

(2) On February 28, 2013, the execution court decided the completion period to demand a distribution on May 8, 2013. Meanwhile, on February 28, 2013, after the decision to commence the auction on the instant real estate, the Plaintiff completed the registration of creation of a mortgage over the said real estate with the maximum debt amounting to KRW 250 million out of the Plaintiff’s judgment amount as the secured claim. On August 20, 2013, the execution court was the mortgagee of the instant real estate at the executing court, and was the mortgagee of the instant real estate at the executing court, and made a report on the right of KRW 250 million and a demand for distribution.

In other words, the plaintiff has completed the demand for distribution.

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