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(영문) 광주지방법원순천지원 2015.02.10 2014가단19299
배당이의
Text

1. The relevant court prepared on October 21, 2014 with respect to the case of application for compulsory auction of real estate in Gwangju District Court Netcheon-gu C.

Reasons

According to Gap evidence No. 1, the above court's 10,00,000 won for each of the defendant in the distribution schedule prepared on October 21, 2014 (small-sum lessee and fixed-date lessee), 6,984,572 won for the plaintiff who is the creditor, and 2,052,423 won for the plaintiff Nonghyup Bank Co., Ltd., which is the provisional attachment authority (6.72% of the distribution ratio) for each of the distribution schedule prepared by the above court.

The plaintiffs asserted that the amount of dividend of the defendant should be deleted as it is based on the lease deposit based on a false lease agreement. It is deemed that the defendant led to confession pursuant to Article 150(3) of the Civil Procedure Act.

Therefore, among the above distribution schedule, the dividend amount of KRW 20,00,000 against the defendant should be deleted, and the dividend amount of KRW 6,984,572 against the plaintiff A shall be KRW 22,504,572 ( KRW 6,984,572 won 20,000,000 x 23.28/30). The dividend amount of the plaintiff Nonghyup Bank Co., Ltd. shall be 6,532,423 won ( KRW 2,052,423 won x 20,000,000 x 6.72/300). Thus, the plaintiffs' claims shall be accepted within each of the above recognition scope, and the remaining claims shall be dismissed as it is without merit. It is so decided as per Disposition.

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