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(영문) 울산지방법원 2015.07.17 2014가단63550

배당이의

Text

1. The distribution schedule prepared by the above court on October 30, 2014 with respect to A real estate compulsory auction cases at Ulsan District Court A.

Reasons

1. Basic facts

A. Nonparty B owned each real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”).

B. On April 6, 2012, the Plaintiff filed an application against B for provisional seizure of real estate with the claim amounting to 5 billion won against each real estate listed in [Attachment 1] List 1 and 2 owned by B (Ulsan District Court 2012Kadan1200), and the above court decided provisional seizure upon the above application on April 6, 2012 (hereinafter “the provisional seizure of this case”), and registered the provisional seizure of each real estate above on the same date.

C. On December 2013, the Korea Credit Guarantee Fund, which acquired a title as a monetary claim against B, applied for a compulsory auction on the instant real estate (Ulsan District Court A). The said court decided to commence compulsory auction upon the said application (hereinafter “instant auction”), and the said decision was registered on December 4, 2013.

On December 12, 2013, the Plaintiff served a written notice on the instant auction court to report the claim, and submitted a written statement to the effect that “No claim exists with respect to the instant provisional seizure.”

E. On October 29, 2014, after the completion date of the demand for distribution of the instant auction, the Plaintiff submitted a claim statement to the effect that “the claims related to the instant provisional seizure exist five billion won.”

F. On October 30, 2014, the instant auction court prepared a distribution schedule (hereinafter “instant distribution schedule”) to the effect that, on the date of distribution, the Defendants, such as those holding a provisional attachment on all or part of the instant real estate, those holding a demand for distribution, and those holding a claim for distribution, distribute the amount indicated in the column of “distribution” in the attached Table 2, but excludes the Plaintiff from the distribution of dividends.

The grounds for the defendants' demand for distribution and the real estate subject to distribution shall be as specified in the attached Table 2 list.

G. The Plaintiff appeared on the aforementioned date of distribution, and raised an objection against the money indicated in the “Plaintiff’s objection” column in the attached Table 2 list among the Defendants’ dividends, and filed the instant lawsuit.

[Reasons for Recognition]