beta
(영문) 수원지방법원 안산지원 2018.06.22 2017가단56011

배당이의

Text

1.With respect to the case of the auction of real estate deposit in Suwon District Court B (C) (Dual)

A. The above court on April 25, 2017

Reasons

Basic Facts

1) The Plaintiff (the title before the amendment is the “Technology Credit Guarantee Fund,” and

hereinafter referred to as “Plaintiff” only

(D) around January 2016, Suwon District Court’s Ansan Branch No. 2016Kadan10011, the land and the building and the land on the land of the E and its ground (hereinafter referred to as “the real estate for Si interest”).

2) On April 25, 2016, the lower court issued a voluntary decision to commence the auction of real estate at the time of Suwon District Court and issued a voluntary decision to commence the auction on the real estate on April 25, 2016. The lower court issued a decision to commence the auction on the provisional seizure of KRW 199,475,00.

3) On the other hand, according to the Defendant’s written commission, D and their children, the notarial deed of promissory note, “the issuance date July 4, 2016; July 5, 2016; the issuer D; the payee; the Defendant; the face value of KRW 111,586,00,00” (hereinafter “instant promissory note notarial deed”) on July 4, 2016.

(4) On July 12, 2016, the Defendant filed an application for the commencement of compulsory auction on the real estate at Si interest time based on the instant promissory note Notarial Deed with the Suwon District Court Ansan Branch C, and the said court issued the decision to commence compulsory auction on July 26, 2016.

5) The above Suwon District Court's Voluntary Auction B case (the above Suwon District Court's order to commence compulsory auction C was a decision to commence double auction, and the compulsory auction case is conducted according to the above voluntary auction procedure.

hereinafter referred to as "voluntary auction procedure of this case"

In light of the above, on April 25, 2017, the above court distributed 11,796,615 won (the amount of claims KRW 111,586,00) to the Defendant, who is the person holding a compulsory auction right, and 21,08,039 won (the amount of claims KRW 230,829,634) to the Plaintiff, who is the person holding a provisional attachment right, (hereinafter “distribution of this case”).

(2) On April 25, 2017, the Plaintiff raised an objection against the total amount of the Defendant’s dividends on the date of distribution of the instant voluntary auction procedure. 6)