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(영문) 수원지방법원여주지원 2015.02.05 2014가합10266

배당이의

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On November 13, 1998, Defendant H completed the provisional attachment registration on November 18, 1998 on the Plaintiff’s share (673.1/13,624) (the claim amounting to 55,000,000 won as Seoul District Court’s claim amounting to 98Kadan18326 among the shares of Plaintiff A (673.1/13,624).

B. Defendant F completed the registration of the establishment of a mortgage on March 17, 1999 with respect to K’s shares (8,224/13,624) among the instant real property and the maximum debt amount of KRW 200,000,000,000,000 on March 17, 1999, and the Plaintiff A, the debtor.

C. On February 1, 200, Defendant G completed the provisional attachment registration on February 7, 2000 upon receipt of the claim amounting to the Plaintiff’s share (673.1/13,624) (200Kadan215) from the claim amounting to 14,392,692.

On September 25, 2002, the instant real estate was partitioned and registered as follows.

5,918 square meters of a forest with 452 square meters in a forest with 452 square meters in a forest with 452 square meters in a forest with 474 square meters in a forest with 474 square meters in a forest with 475 square meters in a forest with 475 square meters in a forest with 474 square meters in a forest with 475 square meters in a forest with 475 square meters in a forest with 527 square meters in a divided registration conversion, J. 706 square meters in a forest with 541 square meters

E. W, which completed the registration of provisional seizure on June 2, 1997 on the instant real estate, obtained a decision to commence compulsory auction (hereinafter “instant auction”) on March 20, 2013 from Suwon District Court Branch I. At the instant auction, a distribution schedule with the following contents was prepared on the date of open distribution on March 12, 2014 at the instant auction:

The Plaintiffs appeared on the date of distribution and raised an objection against the Defendants’ dividends.

The grounds for receiving dividends (Order of Distribution) are as follows: (a) Defendant F-mortgage (Order 2) 200,000,000 won; (b) Defendant G-mortgage 2,979,180 won; (c) Plaintiff E-owner (Order 5) 2,598,637 won; (d) Plaintiff C-owner (v) 2,783,789 won; (e) 2,183,789 won; (e) Plaintiff E-owner (v) 19,796,744 won; (f) Plaintiff C-owner (6); (f) 2,76,694 won; and (f) Plaintiff C-owner (6,147,083 won; (f) 2,147,083 won; and (f) Plaintiff E-owner (6) 19,794 won; (f) 26,147,083 won.