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(영문) 서울남부지방법원 2018.01.25 2016가합112113

배당이의

Text

1. The plaintiffs' claims against the defendant are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. 1) The Plaintiff’s provisional attachment, etc. 1) F-owned G Apartment H of Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant real estate”).

(1) On May 11, 2010, the registration of provisional seizure with the claim amount of KRW 483,500,000 was made by Plaintiff A and Plaintiff B, and ② on November 14, 201, the registration of provisional seizure with the claim amount of KRW 770,000 was made by the Defendant on the ground of a contract establishing a contract dated November 14, 201, with the debtor F and the maximum debt amount of KRW 770,000,000 was made (hereinafter “instant collateral security”).

(3) On January 12, 2012, the registration of provisional seizure was completed with the claim amount of KRW 1,322,460,700, Plaintiff C and 37, respectively. (2) On February 15, 2012, the additional registration of the transfer of the right to collateral security was completed with the content of the transfer of the right to collateral security to the Defendant on the ground of transfer of contract.

B. 1) On March 1, 2012, I applied for auction to Seoul Southern District Court E with respect to the instant real estate based on the instant collateral security (hereinafter “instant auction procedure”) and received a voluntary decision to commence auction on March 1, 2012. Plaintiff A and B filed a request for auction to the Seoul Southern District Court J as to the instant real estate, and received a decision to commence compulsory auction on March 22, 2012 (hereinafter “instant auction procedure”).

(2) On March 5, 2013, the auction court opened a distribution date and prepared a distribution schedule with the content that distributes 525,423,038 won to the actual dividends to Plaintiff A, B, and I as follows. Plaintiff C, and 37 others (Plaintiff A, Plaintiff B, Plaintiff B, who was 107,000,00 592,512,070 interest 150,599,989,99,410,096 aggregate 527,09,99,98,79,99,99,99,99,99,99,99,99,79,99,99,751,962,96 dividends to the actual dividends to Plaintiff B and I, and 37 others (Plaintiff A, Plaintiff B, Plaintiff B, 1,50,300, 107, 207, 307, 2097, 3007

C. Progress 1: Seoul Southern District Court 2013Gahap495, Plaintiff C, etc.