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(영문) 서울서부지방법원 2020.10.13 2019가단245757
손해배상(기)
Text

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

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

Reasons

1. Basic facts

A. around 2008, Defendant B filed a lawsuit claiming rent against the Plaintiff (Seoul Western District Court 2008Gadan109947) and applied for a compulsory auction of the real estate owned by the Plaintiff as an executive title after obtaining a final and conclusive judgment in favor of the Plaintiff.

(Seoul Western District Court D, hereinafter referred to as "Prior Auction"). (b)

In the preceding auction procedure, 15 creditors including E (hereinafter “non-party creditors”) filed a request for distribution, and the non-party creditors were both the F's decision-making decision-making authority of the plaintiff and the persons having personal relations with the officers of the plaintiff's registry.

C. In the preceding auction procedure, when the distribution schedule was prepared with the content that the amount was distributed to Defendant B to Nonparty B, including KRW 8,295,288, and the amount was distributed to Nonparty 15, Defendant B raised a lawsuit of demurrer against the distribution to Nonparty creditors on the date of distribution on August 26, 2016, and filed a lawsuit of demurrer against the non-party creditors (Seoul Western District Court 2016Gahap35888, hereinafter “the lawsuit of demurrer against the distribution”).

Defendant B asserted that all the claims asserted by Nonparty B were false claims in a prior lawsuit of demurrer against distribution, and Nonparty B’s legal representative accepted Defendant B’s claim on July 13, 2017 at the date of pleading.

Accordingly, Defendant B received an additional amount of KRW 257,283,174 on August 10, 2017 in prior auction procedure.

F. On September 18, 2017, Defendant B filed an application against the Plaintiff for a payment order claiming the payment of damages under this Court’s 2017 teas 62304, and the cause of the claim is as follows: (a) the Plaintiff had the non-party creditors file an application for a demand for distribution with false bonds; (b) the Plaintiff could not prove the existence of the non-party creditors’ claims in a prior lawsuit of demurrer against the distribution that was initiated pursuant to the Defendant B’s objection; (c) upon recognizing the claim, the Defendant B acknowledged the claim, thereby making it impossible to prove the existence of the non-party creditor’

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