배당이의
1. It was prepared on January 22, 2015 by the above court with respect to the case of the compulsory auction of real estate C in the Youngcheon District Court Youngcheon Branch C.
1. Facts of recognition;
A. The plaintiff filed a lawsuit against D to claim the return of lease deposit against D as Seoul Central District Court Decision 2008Da396524, and the above court rendered a judgment on January 20, 2009 that "the defendant (D) shall pay to the plaintiff the amount of KRW 40 million and the amount calculated by the rate of 5% per annum from September 3, 2001 to July 23, 2008, and 20% per annum from the next day to the day of full payment," and the above judgment became final and conclusive around that time.
B. The Defendant filed an application for the commencement of compulsory auction on E forest land E 1,653 square meters (hereinafter “instant real estate”) in the Taecheon District Court’s Young-si Branch C, Taecheon District Court’s Young-si, Taecheon District Court’s judgment No. 2008Gadan396524, with the title of execution, with the above Seoul Central District Court’s final judgment No. 39624, Dec. 20, 2013.
(hereinafter “instant compulsory auction”). C.
On July 29, 2008, the Defendant received a provisional attachment order on the instant real estate (hereinafter “instant provisional attachment order”) by providing loans of KRW 180,000,000,000,000,000 to D as the right to be preserved, as loans of KRW 2008Kadan50970, Suwon District Court Branch, Sung-nam, 2008.
8.1. Completion of provisional attachment entry registration.
In the instant compulsory auction procedure, a court of execution prepared a distribution schedule to distribute the amount of KRW 24,789,429, and KRW 14,568,789 to the Defendant, who is the person holding the right of provisional seizure, among the amount to be actually distributed on January 22, 2015, and KRW 39,358,218, and the Plaintiff, who is the creditor holding the right of request for auction, who is the creditor of request for auction, in the same order (hereinafter “instant distribution schedule”). The Plaintiff appeared on the said distribution date and raised an objection
E. Meanwhile, the Plaintiff filed an application against the Defendant for the revocation of the instant provisional attachment order with the Sungwon District Court Branch 2014Kadan50817, but received a decision to dismiss the said application from the said court on January 14, 2015.
Since then, on March 27, 2015, the plaintiff filed an appeal against the above decision and the defendant executed the provisional seizure order of this case from the Suwon District Court for three years.