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(영문) 창원지방법원 2013.11.28 2012가합8420

배당이의

Text

1. Of the distribution schedule prepared on December 21, 2012 by the said court with respect to the cases of compulsory auction by official auction at the Changwon District Court, the said court shall be the same.

Reasons

1. Basic facts

A. The Defendants are members of the non-party AA apartment reconstruction association (hereinafter “non-party AA apartment reconstruction association”).

B. 1) The Plaintiff filed an application with the non-party partnership for a payment order for the loan with the Changwon District Court, Kimhae-si Court, 2005Ra5122, and the above court on August 8, 2005 that "the non-party partnership shall pay to the Plaintiff 53,772,00 won per annum from April 23, 2004 to the service date of the original copy of the instant payment order, 25% per annum, and 20% per annum from the next day to the day of full payment (hereinafter "the instant payment order")."

A) Around that time, the above payment order became final and conclusive. (2) The Plaintiff filed a lawsuit against the non-party partnership seeking the payment of the full amount to the Changwon District Court 201 Gohap4278. On July 13, 2011, the above court sentenced the judgment that “the non-party partnership will pay to the Plaintiff the amount calculated at the rate of 20% per annum from May 21, 2011 to the date of full payment” (hereinafter “the judgment of the entire amount of the case”). The above judgment became final and conclusive around that time.

3) On September 1, 2011, the Plaintiff filed an application with the Changwon District Court for the determination of the amount of litigation costs with the Changwon District Court 201Kao-360, and the said court rendered a ruling to the effect that “The amount of litigation costs that the Plaintiff and the Nonparty Union is KRW 3,564,440, the amount of which shall be repaid by the original district court 201Kahap4278 (hereinafter referred to as the “decision to determine the amount of litigation costs of this case”).”

Around that time, the above decision became final and conclusive.

C. The non-party association, which prepared a notarial deed between the Defendants and the non-party association, stated that the Defendants did not raise any objection even if they were subject to compulsory execution when they did not perform a monetary obligation under a monetary loan contract or a repayment contract.