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(영문) 수원지방법원 2020.02.05 2019가단13168
배당이의
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The grounds for the instant claim can be acknowledged in full view of the whole purport of the pleadings in the evidence Nos. 1 and 10 (including paper numbers) as shown in the separate sheet.

(Exclusion of the part that should be corrected as alleged by the Plaintiff). 2. Claims and determination

A. The Plaintiff’s initial distribution of the instant dividends amounting to KRW 400,00,00,00 and interest KRW 88,986,301 as stated in the initial distribution schedule. As such, the Plaintiff’s initial distribution of the instant dividends amounting to KRW 488,986,301 and interest KRW 88,986,986,30 were revoked within the limit of KRW 80,879,437 in the Seoul Central District Court Decision 2017Na91297, the Plaintiff’s agreement to establish a collateral security was revoked within the limit of KRW 80,879,437. As such, the Plaintiff’s initial distribution of the instant dividends amounting to KRW 408,106,864 ( KRW 4

Therefore, when the dividend court makes an additional distribution of KRW 80,879,437, which was partially revoked and restored to original state, it recognized that the Plaintiff is a creditor holding the right to collateral security of KRW 408,106,864, which is the difference that the said right to collateral security was partially revoked, and should have distributed dividends to the Plaintiff in proportion to the Plaintiff from the additional distribution schedule on the premise that the Plaintiff was the creditor holding the right to collateral security of KRW 408,106,864, which is the difference that the said right

Therefore, the additional distribution schedule should be revised as stated in the purport of the claim.

B. In a case where the court of auction established a provisional disposition prohibiting the payment of the amount to be distributed to the mortgagee, and then cancelled the contract to establish the right to collateral security as a fraudulent act after depositing the dividend, if the payment of the deposited dividend is uncertain, it may be deemed that the distribution procedure has not yet been completed until the deposited dividend is paid to the depositor. Therefore, it cannot be readily concluded that the distribution procedure has been completed in a final manner, and the creditor’s cancellation is effective.

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