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(영문) 대전지방법원논산지원 2016.10.26 2016가합2116
배당이의
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. On September 19, 2000, the debtor, the mortgagee of the right to collateral security, the mortgagee of the right to collateral security, and the object of the maximum debt amount, KRW 150 million,00,000,000 (al. 1.35,000,000,000,000) of the instant real estate, on October 30, 200, the real estate of this case was changed to KRW 360,000,000,000,000,000 for the real estate of this case, as of September 23, 2013, the real estate of this case was excluded from D land

A. As to D warehouse sites 2995m2, E warehouse sites 4453m2, and buildings on both land (hereinafter “instant real estate”) owned by the Chungcheongnam-do Agricultural Association Corporation (hereinafter “C Association”), the right to collateral security was successively established as follows.

C. The representative director of C.C. is the defendant's wrong.

B. On July 19, 2013, provisional attachment of KRW 184,318,327 (this Court 2013Kadan473) and provisional attachment of KRW 1,120,000 (this Court 2013Kadan474) for the instant real estate was completed respectively.

After that, Plaintiff 2 filed an application for a payment order seeking a loan of KRW 158,088,394 with C Union as this Court 2013Da369, and the payment order was finalized on December 10, 2013.

C. On April 22, 2016, on the date of distribution of the auction procedure to exercise the security rights by the authorized military forestry cooperatives (this court B), a distribution schedule was prepared to distribute 380,339,184 won to the Defendant as the second mortgagee.

As to the total amount of dividends of the Defendant, Plaintiff 1 stated their respective objections against KRW 175,275,360 out of the amount of dividends of the Defendant.

[Grounds for recognition] Gap's evidence 1-3, Gap's evidence 1-3, and the purport of the whole pleadings

2. As to whether the Defendant’s loan claims exist

A. Since the Defendant asserted that the Defendant did not lend money to C.C. and the Defendant conspired with F for the purpose of receiving dividends in the auction procedure, and completed the instant mortgage by falsity, the instant distribution schedule should be revised.

B. The burden of proof as to the grounds for objection against distribution in a lawsuit of demurrer 1 is also the principle of allocating the burden of proof in general civil procedure.

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