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(영문) 대전지방법원홍성지원 2020.07.15 2018가단8170
배당이의
Text

1. The plaintiffs' primary claims are dismissed.

2. The Defendants voluntarily auction real estate E with the Daejeon District Court Hongsung Branch E.

Reasons

1. Facts of recognition;

A. F has completed the registration procedure for transfer of ownership as to a half of shares of the real estate in the attached Form No. 17904 (hereinafter “instant real estate”) as of August 5, 2004, received on August 5, 2004 by Hongsung Branch of the Daejeon District Court for sale and purchase as of August 2, 2004.

B. After doing so, F completed the registration of ownership transfer as to the remaining one-half portion of the real estate under Law No. 21134, Sept. 3, 2004, by reason of the partition of co-owned property on September 2, 2004.

C. On June 10, 2005, the Defendants were established with respect to the said real estate with the maximum debt amount of KRW 300 million and F’s right to collateral security.

On October 24, 2007, the Plaintiffs were set up a right to collateral security of the obligor F with a maximum debt amount of KRW 175 million and the obligor F with respect to the said real estate.

E. Defendant D applied for a voluntary auction on the instant real estate to Daejeon District Court Red Branch E, based on the foregoing right to collateral security, and the said court rendered a voluntary decision to commence the auction on December 11, 2017.

F. On October 31, 2018, the aforementioned real estate was sold in the said voluntary auction procedure, and on the date of distribution, the distribution schedule was formulated that Defendant C and D received each of KRW 150 million, Plaintiff A20,87,602, Plaintiff B31,31,404, respectively.

G. Accordingly, the Plaintiffs attended the aforementioned date of distribution, and Plaintiff B raised an objection against KRW 36,834,298 out of Defendant D’s dividends, respectively, against KRW 36,834,298 out of Defendant C’s dividends, and Plaintiff A raised an objection against KRW 24,556,199 out of Defendant D’s dividends, respectively.

H. After that, the Plaintiffs filed the instant lawsuit on November 5, 2018, which was within seven days from that date.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 21, witness F's testimony, purport of whole pleadings

2. The Plaintiffs jointly purchased the instant real estate with the Defendants and agreed to distribute profits and losses according to the ratio of the investment amount, and the investment amount pursuant to such agreement.

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