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(영문) 서울동부지방법원 2019.02.12 2018가단1446

배당이의

Text

1. Of the distribution schedule prepared by the above court on January 17, 2018, the Seoul Eastern District Court C real estate compulsory auction case.

Reasons

1. Basic facts

A. On November 28, 2013, D and the Defendant’s ASEAN completed the registration of preservation of ownership as to one half of each of the instant land out of the Flux in Gwangjin-gu Seoul Special Metropolitan City, 168.6 square meters, five detached houses (six households in multi-family house), second class neighborhood living facilities (manufacturing facilities) on the ground reinforced concrete structure, and second class neighborhood living facilities (hereinafter “instant land”; and the said building “instant building”).

B. On December 10, 2015, the Defendant completed a provisional attachment of KRW 210,00,000 as to D’s shares (hereinafter “instant shares”).

C. On April 15, 2016, the Plaintiff completed the establishment registration of a neighboring mortgage by setting the maximum debt amount of 30,000,000 won and the debtor D due to the contract establishing the instant share on the same day, and G completed the establishment registration of a neighboring mortgage on August 2, 2016, by setting the maximum debt amount of 60,000,000 won as the maximum debt amount and the debtor D as the reasons for the contract establishing the instant share on the same day.

The defendant applied for a compulsory auction against the share in this case to Seoul Dong District Court C, and the decision to commence compulsory auction was rendered on May 19, 2016, and was sold to the defendant on December 13, 2017, and the share transfer registration was completed on December 18, 2017.

E. On January 17, 2018, the Seoul Eastern District Court issued the first priority order of KRW 740,837,891, which was 776,570,791, which was 776,570, which was 776,570 (the corresponding tax on a building), to the Seoul Special Metropolitan City Gwangjin-gu, Seoul Special Metropolitan City, which was able to deliver (the corresponding tax on a building) the amount of KRW 414,90,00, which was 138,31740, which was 2nd priority order, to the Ha and I Association, the mortgagee, who was the lessee of the fixed date, 220,000,000, which was 3rd priority order of KRW 75,00,000,000, which was 160,000,000 to the Defendant, who was the lessee of the fixed date, the distribution schedule of KRW 36,365,006.

(f) On the date of January 17, 2018.