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(영문) 춘천지방법원강릉지원 2015.08.19 2014가단9539

배당이의

Text

1. The document prepared on December 24, 2014 by the above court with respect to an application for compulsory auction of F real estate in the Chuncheon district court's Gangnam branch court.

Reasons

1. Facts of recognition;

A. On May 15, 2014, the Plaintiff filed an application for a compulsory auction against Chuncheon District Court’s Gangwon-si H and 16 Dong 105 (hereinafter “instant real estate”) based on the original copy of the Seoul Central District Court’s 2006Gau 1603409 (hereinafter “instant real estate”). On May 16, 2014, the procedure for compulsory auction (hereinafter “instant auction procedure”).

B. In the instant auction procedure, ① Defendant A applied for a demand for distribution based on the executory order of the loan payment order in the Chuncheon District Court Decision 2015j523 against G based on the executory order of the loan payment order in the instant case, ② Defendant B based on the executory order of the loan payment order in the above court 2014j522 against G, ③ Defendant C applied for a demand for each distribution based on the executory order of the above court 2014j521 against G, and ④ Defendant E applied for a demand for distribution by asserting that it is a small lessee of the instant real estate.

On the other hand, on April 14, 2006, Defendant D completed the registration of provisional seizure with the claim amounting to KRW 50 million as to the real estate of this case, and accordingly submitted the claim statement at the auction procedure of this case.

C. In the instant auction procedure, the executing court prepared a distribution schedule with the content that distributes dividends as follows, with the amount of KRW 47,440,501 calculated by deducting KRW 1,704,660 from the amount to be distributed by opening the date of distribution on December 24, 2014 at KRW 49,145,161, which is to be distributed as the amount to be actually distributed:

(hereinafter “instant distribution schedule”). The creditor E D A B’s distribution ranking 12222222222222,14, 87124,297, 933,09, 9969, 939, 739, 2213, 188, and 480 of the creditors E D D A B’s distribution ranking, the creditor who has the right to demand a distribution, and the person who has the right to demand a distribution, for the reasons for 3,09,969, 739, 2213, 18,

D. The Plaintiff appeared on the aforementioned date of distribution, and stated an objection against the amount of distribution to the Defendants, and filed the instant lawsuit on December 29, 2014.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 8, and this court.