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(영문) 대전지방법원논산지원 2019.07.18 2019가단20255
배당이의
Text

1. On February 7, 2019, with respect to the Daejeon District Court D and E (Dual) auction of real estate, the above court rendered a judgment on February 7, 2019.

Reasons

1. Determination as to the claim against the defendant B

A. 1) 1,518 square meters and buildings on the F station site in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and its ground (hereinafter “instant land and buildings”).

As to the Plaintiff, the Plaintiff was owned from November 3, 2016, but on November 3, 2016, the Plaintiff owned the said land and building with the maximum debt amount of KRW 150 million against Nonparty G on the said land and building (hereinafter “the instant mortgage”).

(2) The deceased died on March 2, 2017, and H among the inheritors of the deceased, renounced his inheritance, and Defendant B, I, J, and K, the remaining inheritors, made an agreement on the division of inherited property with respect to the deceased’s claims against the deceased on their own by Defendant B.

3) On February 7, 2019, the auction court prepared a distribution schedule (hereinafter “instant distribution schedule”) stating that LAC, the mortgagee of the instant land and building, filed an application for the auction of real estate rent to Daejeon District Court Branch D, and that MA, the mortgagee of the instant land and building, also filed an application for the auction of real estate rent to E with the same court. The auction court filed the instant lawsuit on February 13, 2018, which was seven days thereafter, on February 7, 2019, against Defendant B, the assignee of the deceased G, the mortgagee, the mortgagee of the instant land and building, and the amount of KRW 13,176,963, each of the dividends to Defendant C (hereinafter “instant distribution schedule”). The Plaintiff attended the aforementioned distribution date and raised an objection to the entire amount of dividends to the Defendants, and filed the instant lawsuit on February 13, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1, 5, 8, Eul evidence 7, the purport of the whole pleadings

B. On August 12, 2011, the Plaintiff: (a) purchased N 12,334 square meters in the official city owned by G G around August 12, 201 and paid the remainder of KRW 100 million on the condition that two graves in the above land were removed; and (b) the Plaintiff paid the remainder of KRW 100 million in the condition that two graves in the above land were removed; and (c) secured the remainder of KRW 100 million.

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