logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2019.10.02 2018가단25052
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The D Apartment E (hereinafter “instant apartment”) was originally owned by F in the name of G, the wife, and the Defendant was awarded a successful bid in his mother-friendly H on April 10, 2017 during the voluntary auction procedure.

B. F proposed that the Defendant would re-purchase the instant apartment with the consent of the Defendant, and decided to purchase the said apartment again with the consent of the Defendant, but the name thereof was to be purchased in the name of the Plaintiff, which is the F’s creditor.

C. Therefore, on August 18, 2017, the registration of ownership transfer was completed in the Plaintiff’s future with the transaction value of KRW 470 million on the ground of the sales contract on June 26, 2017 as to the instant apartment as of August 18, 2017.

On the other hand, F paid 86,50,000 won to the Defendant as the purchase price, from June 20, 2017 to August 9, 2017, and on August 18, 2017, F received a collateral loan from LAB and paid 320,000 won.

E. On August 21, 2017, the establishment registration of the instant apartment was completed with respect to the instant apartment, the maximum debt amount of KRW 150,000,000,000,000,000,000,000,000,000,000,000

F. In the Jung-gu District Court C real estate auction case (hereinafter “Voluntary Auction case”), where the Defendant’s execution of the security right with the claim amount of KRW 113.5 million as well as damages for delay, the Defendant set up a distribution schedule that, in the second order, the Defendant received dividends of KRW 4,360,00 in excess of the maximum debt amount of the right to collateral security as a creditor of the right to collateral security, and the Plaintiff received dividends of KRW 4,388,866 in the position of the debtor and the owner of the right to collateral security (hereinafter “instant distribution schedule”).

G. On March 14, 2019, the Plaintiff made a statement of objection to the distribution against the entire amount of KRW 86.5 million and the third distribution out of the Defendant’s second-order dividend on the date of distribution of the voluntary auction case.

[Reasons for Recognition] A. A., Nos. 1, 3, 4, 5, 8, 9.

arrow