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(영문) 수원지방법원여주지원 2014.04.24 2013가합3261
배당이의
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

1. Basic facts

A. On October 19, 201, on October 19, 201, the registration of the establishment of a mortgage on the F forest 59,802 cubic meters (hereinafter “the forest of this case”) located in the Defendant D’s clan (hereinafter “Defendant D’s clan”) was completed on October 19, 201.

B. On August 16, 2012, Defendant C rendered a voluntary decision to commence the auction as Suwon District Court Branch E with the said mortgage.

C. In the above auction procedure on November 13, 2013, the distribution schedule was formulated that KRW 904,842,570 to be distributed on the date of open distribution as of November 13, 2013, KRW 18,449,910, Defendant C of the second mortgagee C of the second mortgagee, KRW 291,409,836, KRW 5,477,810, and KRW 589,505,014 to the Defendant clan of the first mortgagee, respectively, was distributed to the said Defendant C of the third mortgagee.

The Plaintiffs appeared on the date of distribution, and raised an objection to the total amount of dividends of the Defendants, and filed the instant lawsuit on November 19, 2013.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. The gist of the plaintiffs' assertion is that Defendant C did not have any claim against the defendant clan, and completed the registration of establishment of mortgage without a legitimate resolution of the general assembly of clans.

The representative G of the defendant clan is dismissed at the general meeting of the defendant clan due to the disposal and breach of trust of the defendant clan, and there is no right to receive dividends as the representative of the defendant clan.

The plaintiffs were selected at the general meeting of the defendant clan which was legitimately convened by H of the defendant clan and delegated with the duties of receiving the proceeds from the sale of the forest land of this case and recovering the property disposed of by G, and accordingly, the plaintiffs appeared as interested parties on the above distribution date and raised an objection against the total amount of dividends of the defendants, so the distribution schedule shall be corrected as stated in the purport of the claim.

3. Determination on the defense prior to the merits

A. The gist of the Defendants’ assertion is the Plaintiff in the lawsuit of demurrer against distribution.

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