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(영문) 청주지방법원제천지원 2015.10.07 2015가단1839
배당이의
Text

1. The Cheongju District Court prepared on May 18, 2015 with respect to the case of an application for a voluntary auction of real estate C with the Cheongju District Court.

Reasons

1. Determination as to the claim against Defendant Samsan Construction Co., Ltd.

(a) Indication of claims: It is as shown in the attached Form;

(b) Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

C. As to the above part of the set-off schedule, not only the plaintiff but also the non-party D, the debtor and the defendant B, the owner of the above set-off schedule, filed a lawsuit of demurrer against the distribution amount of the above defendant, it is reasonable to set the dividend amount of the above defendant in lieu of determining the dividend amount against the plaintiff in this case, to distribute the dividend amount in proportion to the creditor'

2. Determination as to the claim against the defendant B

A. The Plaintiff and Defendant B entered into a contract on June 30, 2009 between the Plaintiff and Defendant B with the content that “F funeral home (hereinafter “instant funeral home”) should be jointly newly built and operated,” and each of the instant funeral home was jointly operated from September 2009 by investing KRW 400,000 in KRW 40,000,000.

B) After that, the Plaintiff and Defendant B agreed to adjust the partnership relationship on February 9, 2010, and the Plaintiff paid KRW 400,000,000 to Defendant B for the settlement of partnership relationship, each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”).

2) The Plaintiff entered into a contract with Defendant B to purchase from Defendant B (hereinafter “instant contract”).

(2) 2) Auction and distribution, and lawsuit of demurrer against distribution) The National Bank, Inc., which did not perform its obligation under the name of Defendant B against the National Bank, Co., Ltd., the first mortgagee of each of the instant real estate, was not properly performed, as to August 28, 2012, shall be the remainder of the real estate (hereinafter “instant auction real estate”), excluding the real estate listed in paragraph (f) of the attached Table 5. F among each of the instant real estate.

The Cheongju District Court applied for an auction with respect to the Cheongju District Court.

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