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(영문) 수원지방법원성남지원 2015.07.10 2014가단16356

배당이의

Text

1. Of the distribution schedule prepared by the said court on May 15, 2014 in the Suwon District Court’s Sung-nam Branch B real estate auction case.

Reasons

1. Facts of recognition;

A. The registration of the establishment of a mortgage (390,000,000 won, D) under the name of the Defendant on June 10, 2010 was made at the time when the registration of the establishment of a mortgage (300,000,000 won, 300,000 won, 402,000 won, 20,000 won, 10,000 won, 20,000 won, 10,000 won, 20,000,000 won, 20,000,000,000,000 won, 20,00,000,00,00 won, 20,00,000,00 won, 20,000,00 won, 20,000,00 won, 20,000 won, 36,06,00,00 won, 20,00.

B. The instant auction procedure was commenced on August 8, 2013 upon the Defendant’s application, who is a mortgagee (the instant auction procedure) and its distribution relationship 1). In the appraisal conducted at the instant auction procedure, the value of the instant house was assessed as KRW 185,00,000 (the assessed value of the building portion was KRW 136,90,000, the assessed value of the site right was KRW 48,100,000). The instant house was sold at KRW 98,70,000, the auction court prepared the instant dividend table that, on May 15, 2014, the amount was to be actually distributed to the Defendant, 96,409,487 won, excluding the pertinent tax amount was KRW 97,960,960, the remaining amount, excluding the assessed value of the building portion was assessed as KRW 136,90,10,527, the claimed creditor.

The plaintiff was present on the date of distribution as the person holding the provisional attachment and the person holding the provisional disposition, and raised an objection to KRW 25,00,000 out of the amount of distribution against the defendant.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 2, 3, 16, 18, 19, Eul evidence No. 1, 2.