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(영문) 광주지방법원 2017.04.25 2016가단24043

배당이의

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. As to the area of 1,614 square meters and the area of 1,419 square meters per each of the instant real estate (hereinafter “each of the instant real estate”) owned by Jeonyang-gun, Jeonyang-gun, Jeonyang-gun, Gwangju District Court received on September 25, 2015 from the 14374 (hereinafter “instant real estate”), the provisional registration of the right to claim ownership transfer on September 23, 2015 (hereinafter “the instant provisional registration”) was completed.

B. On March 14, 2016, the Plaintiff received a provisional attachment order of KRW 217,527,720 with the Gwangju District Court 2016Kadan880 as to each of the instant real estate as to each of the instant real estate.

(hereinafter referred to as “instant provisional seizure”). C.

On the other hand, as to each of the instant real estate, the lower court rendered a voluntary decision to commence the auction on December 16, 2015 at the request of the National Bank, Co., Ltd., the mortgagee C, the mortgagee of the right to collateral security, which was made on July 31, 2014, and the lower court rendered a decision to commence the auction at will on December 16, 2015. Accordingly, the lower court formulated a distribution schedule of each of the instant real estate amounting to KRW 180,148,923 from the proceeds of the auction on June 29, 2016 (hereinafter “instant auction procedure”); KRW 2,111,150 as a provisional seizure authority; KRW 120,00 as a provisional registration authority; and KRW 120,000 as a person holding the provisional registration against the Defendant.

Accordingly, the Plaintiff attended the date of distribution, and raised an objection to the total amount of the dividend of the Defendant, and filed the instant lawsuit on July 4, 2016.

E. Meanwhile, on August 24, 2016, C was declared bankrupt by the Gwangju District Court 2016Hadan110, and attorney F was appointed as bankruptcy trustee.

[Ground of recognition] Evidence Nos. 1, 8-1, 2, and 11, and the purport of the whole pleadings

2. The plaintiff filed a provisional registration of this case with the provisional registration of this case in the auction procedure of this case. The provisional registration of this case is designed to preserve the right to claim ownership transfer, and the provisional registration of this case reports the claim unfairly for the purpose of receiving dividends, regardless of the fact that the provisional registration of this case is not the provisional registration of security.