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(영문) 부산지방법원 2018.12.19 2017가단330357

배당이의

Text

1. A distribution schedule prepared by the same court as in September 28, 2017 with respect to cases of application for a compulsory auction of real estate D by Busan District Court.

Reasons

1. Facts recognized;

A. On October 19, 2016, the lower court rendered a judgment that “E shall pay to the Plaintiffs each KRW 100,709,625 and the delay damages therefrom,” which was rendered against E and the Defendant in the Changwon District Court Decision 2015Kahap1080808 (hereinafter “the case of reserved of inheritance”).

After that, in the Busan High Court Decision 2016Na24959, the Busan High Court Decision 2016Na24959, the above court rendered a judgment on March 30, 2017 that "E shall pay to Plaintiff A 100,918,038 won and damages for delay for delay of KRW 100,709,625 won among them, and to Plaintiff B 95,805,793 won and damages for delay for delay thereof, respectively, and the above judgment became final and conclusive as it is.

B. On November 7, 2016, the Plaintiffs filed an application for a compulsory auction of real estate with the Busan District Court D, for a compulsory auction of real estate with the Busan Gangseo-gu Busan District Court D, the E-owned on November 7, 2016 (hereinafter “instant auction subject matter”).

(hereinafter referred to as “instant auction procedure”). (C)

On December 15, 2016, the Defendant, who had a spouse E, filed a divorce report with E on December 15, 2016, and completed the provisional attachment registration on the same day as the preserved claim (Seoul Family Court 2017 business group 11) on January 19, 2017. (2) On November 7, 2017, the Defendant filed a claim for property division judgment (property division claim KRW 100 million with property division claim) against E under the Busan Family Court 2017Mo3638 on November 7, 2017, and on January 12, 2018, the conciliation was concluded that “E shall pay KRW 250,000 ( KRW 100,000,000 to the Defendant, KRW 150,000,00) to the Defendant.”

In the instant auction procedure of distribution and objection against distribution 1, the Defendant filed a report on right and an application for demand for distribution on January 23, 2017 with respect to KRW 100 million, and filed an application for the principal of the claim on September 8, 2017.