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(영문) 창원지방법원통영지원 2016.08.11 2015가단22822
배당이의
Text

1. A distribution schedule prepared on June 23, 2015 by the said court with respect to a compulsory auction case of H real estate in the Changwon District Court through the Changwon District Court.

Reasons

1. Basic facts

A. On November 26, 2004, the Plaintiff filed a lawsuit with the Changwon District Court 2004da3016 with the Defendant for reimbursement and other claims. On December 26, 2004, the Plaintiff was sentenced to the judgment that “Defendant J shall pay to the Plaintiff 12,906,967 won and 12,725,917 won with the interest of 18% per annum from December 1, 2003 to May 4, 2004, and 20% per annum from the next day to the date of full payment.” The above judgment became final and conclusive around that time.

B. The Plaintiff filed an application for a compulsory auction of real estate (hereinafter “instant auction”) with H as to each real estate listed in the separate sheet as shown in the attached list, and received a decision to commence the auction on December 17, 2014.

C. In preparing a distribution schedule (hereinafter “instant distribution schedule”) at the instant auction procedure on June 23, 2015, the instant court distributed KRW 25,348,434, respectively, to the Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) (hereinafter “Defendant Co., Ltd”) (hereinafter “Defendant Co., Ltd”), which is the mortgagee, KRW 3 million, KRW 200,000, KRW 800,000, KRW 25,348,434 as the first mortgagee, respectively.

(Total Amount of dividends to the Defendant Company is KRW 33,348,434).

On June 26, 2015, the Plaintiff raised an objection against the whole amount of dividends to the network I and the Defendant Company on the date of the distribution, and filed the instant lawsuit on June 26, 2015.

[Reasons for Recognition] Facts without dispute between the parties, significant facts in this Court, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. Determination as to each claim against Defendant A, B, D, E, F, and G

A. 1) On March 31, 1981, the Network I completed the registration of the establishment of a mortgage on each real estate listed in the separate sheet as a commuting support No. 9110, which was received on March 31, 1981. 2) The Network I died on January 27, 1994. The heir was deceased on the network K, K, L, Defendant A, and Defendant B, but the deceased on November 26, 201, the network K died on December 16, 201, and the deceased on the network L died on December 16, 201. The heir of the deceased L was Defendant D, E, and E.

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