logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2021.02.03 2020나41481
배당이의
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

The purport of the claim and the purport of the appeal.

Reasons

1. Basic facts

A. On August 17, 2015, the Plaintiff purchased from D and E the G of Gangseo-gu Busan Metropolitan Government Fro 2470 square meters (hereinafter “instant real estate”) and completed the registration of transfer of ownership in his/her name on November 11, 2015.

B. On July 18, 2017, the registration of the registry of the Busan District Court’s Branch Branch Branch and the registration of the right to request the transfer of ownership in the Defendant’s name was completed on July 17, 2017 (hereinafter “provisional registration of this case”).

(c)

G. On October 19, 2017, G Union, a neighboring mortgagee of the instant real estate, filed an application for an auction to exercise the security right, and the auction procedure was commenced voluntarily with the Busan District Court Branch C (hereinafter “instant auction procedure”). D.

In the auction procedure of this case, the Defendant asserted that the instant period constitutes a provisional registration to secure a loan claim against the Plaintiff, and submitted a claim statement in which the principal amount of the loan to the Plaintiff was KRW 400 million and its interest was stated as the amount of the claim.

E. On October 17, 2018, the executing court prepared the following distribution schedule (hereinafter “instant distribution schedule”) with respect to KRW 2,904,444,755 of the proceeds from the sale of the instant real estate on the date of distributing the instant auction procedure.

The grounds for distribution of dividends to priority creditors 1: 2,399,275,185-mortgage 3H 309,313,040-mortgage 315,544-mortgage 4,91,00-Ga, the total sum of those holding the right to request distribution of dividends of Defendant 110,702,370-Ga, etc., 2,904,904,47555

F. The Plaintiff, as the debtor and the owner, appeared on the dividend date, stated an objection to the entire dividend amount to the Defendant, and filed a lawsuit of objection to the instant dividend on October 23, 2018.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 9, 11, Eul evidence No. 3, J and K testimony of the first instance trial.

arrow