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(영문) 전주지방법원 군산지원 2018.11.20 2016가단58176

배당이의

Text

1. It shall be prepared on December 21, 2016 by the above court with respect to a case of application for a compulsory auction by official auction of real estate M in the Jeonju District Court.

Reasons

Basic Facts

On November 24, 2014, the Plaintiff was sentenced to the Seoul Southern District Court (2014Da1222538) that “N church (hereinafter “instant church”) shall pay to the Plaintiff the amount of KRW 60 million per annum from May 30, 2014 to November 24, 2014, 5% per annum and 20% per annum from the next day to the date of full payment.”

On April 2016, at the request of the Plaintiff, the procedure for compulsory auction was initiated for V to 723.7 square meters on the land owned by the instant church as the Gunsan Branch of the Jeonju District Court around April 2016.

(2) On May 26, 2016 and June 2, 2016, the Defendants and O, P, Q, R, S, T, and U filed an application for payment order against the instant church under the Jeonju District Court 2016 tea64 and 2016 tea679, the court below issued the payment order against the Defendants, and on May 26, 2016, “the instant church shall pay to the Defendants the amount indicated in the separate sheet and the damages for delay calculated at the rate of 15% per annum from the next day after the original copy of the payment order was served,” and each of the above payment orders became final and conclusive upon receipt of the payment order.

Defendants and O, P, Q, R, S, T, and U based on the original of the finalized payment order, which was demanded for distribution in the auction procedure of this case.

(2) On December 21, 2016, the Plaintiff, the creditor requesting auction, among the amounts to be actually distributed on the date of distribution in the auction procedure of this case, 16,709,152 won, and the Defendants and the Defendants, the holder of the right to demand distribution based on the above payment order, as well as the directors, P, Q, R, S, T, and U, as well as the Defendants, the holder of the right to demand distribution based on the above payment order, prepared a distribution schedule with the content that distributes each amount indicated in the “amount of distribution” in the attached Form “amount of distribution against the Defendants, etc.”

The plaintiff is present on the date of the above distribution and stated an objection against the total amount of the dividend of the defendants, etc., and the lawsuit of this case within seven days.