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(영문) 전주지방법원군산지원 2014.07.11 2013가단52344
배당이의
Text

1. The above court was prepared on June 27, 2013 with respect to the compulsory auction of real estate C in the Jeonju District Court for military service.

Reasons

1. The plaintiff stated the summary of the case [based on the fact finding] Gap 1 to 7, Eul 3 and 4 (including provisional numbers) filed a lawsuit against D with the Seoul Northern District Court 2008Gaso20039 (as Seoul Northern District Court, May 13, 2005). The above court rendered a judgment on October 21, 2008 that "D shall pay to the plaintiff 34,328,375 won and 19,928,537 won with 20% interest per annum from June 10, 2008 to the day of full payment." The above judgment became final and conclusive on November 13, 2008.

On the other hand, on June 18, 2004, the establishment registration was completed on the ground of the debtor D, the maximum debt amount of KRW 50,000,000,000,000, and the defendant A with the right to collateral security (hereinafter “the instant real estate”).

In order to recover the claim for the transfer money of this case, the Plaintiff received a decision of compulsory commencement of auction from the Jeonju District Court Gunsan Branch C with respect to the instant real estate, and Defendant B (Defendant A’s wife) received a seizure and collection order (debtor A and claim amount 50 million won) from the Seoul Northern District Court 2013TT7920 on May 6, 2013, based on the notarial deed No. 2013 and No. 2955 of the notarial deed, which was written by a notary public.

On June 27, 2013, in the above compulsory auction procedure, a distribution schedule was prepared to distribute each amount of KRW 50 million to Defendant A (the amount of KRW 50 million), KRW 3,126,00,00 (the amount of claims KRW 3,126,00) in the Dobong-gu Seoul Metropolitan Government Office, and KRW 3,464,356 (the amount of claims KRW 51,434,702) to the Plaintiff. The Plaintiff appeared on the date of distribution and raised an objection against the whole amount of dividends to the Defendant, and filed a lawsuit of demurrer against distribution of the instant case on July 2, 2013.

The plaintiff asserts that there was no claim of the defendants, and even if not, the prescription has expired.

As to this, the Defendants lent 29,705,00 won to D from June 1, 1993 to October 2, 1998 by Defendant B and F (the above Defendant’s wife) from June 1, 1993 to October 2, 199.

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