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(영문) 수원지방법원 2015.10.22 2015나19060

배당이의

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff (appointed)'s claim is dismissed.

3. The total cost of the lawsuit.

Reasons

1. Basic facts

A. The Plaintiff (Appointed Party) and the Appointed Party B, and C, a notary public drafted by the O-building housing association, as one of the law firms, received the attachment and assignment order of each of the claims of Suwon District Court 2009 Other 11515 and 2010 Other 16856, respectively, and accordingly filed a lawsuit against F under the Seoul Eastern District Court 2010 Ga16692.

B. In the appellate trial of the above Seoul East Eastern District Court case 2010Gahap16692 (Seoul High Court 2012Na70458), the Seoul High Court rendered a judgment on November 7, 2013 that “F shall pay 22,66,666 won to the Plaintiff (Appointed) and the appointed party B, and C, and its delay damages (hereinafter “the judgment on the pre-paid installment”), and the above judgment became final and conclusive as it is.

C. Based on the judgment of full payment, the Plaintiff (Appointed Party) and the Appointed Party B, and C filed an application for a compulsory auction as to H apartment No. 702 of H apartment No. 101, 702, Hanam-si, Sunam-si, Sunam-si, Sunam-si, Seoul. In the above compulsory auction case, the Defendant asserted that he is a lessee with the opposing power over the above real estate and filed a report on the right and demand

On August 21, 2014, the court of execution in the case of Suwon District Court Sung-nam Branch E shall prepare a distribution schedule with the content of distributing KRW 180,657,466 as follows (hereinafter “instant distribution schedule”).

2,66,67 Defendant 1 22,66,67, Defendant 1 222,666,666,666, and Plaintiff C1 24,219,155 22,24,219, B24,155 24,219, and C24,219,155 22,219,15 15 15 16 186 186 180,65 180,4666666666

E. On August 21, 2014, Plaintiff (Appointed) and Appointed B, and C are on the date of the said distribution.