배당이의
1. The claim of this case is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff asserted that: (a) on April 29, 201, the Plaintiff filed a provisional registration of the right to claim for ownership transfer registration (hereinafter “the provisional registration of this case”) on each real estate listed in the separate sheet in order to secure the payment of KRW 300 million (Seoul Central District Court Decision 2009Da54267, Jun. 16, 2009) against Korea-Japan Co., Ltd. on April 29, 201; and (b) on May 14, 2014, the Plaintiff completed the principal registration based on the provisional registration of this case.
However, the defendant's auction below 'the auction of this case' is 'the auction of this case'.
Of KRW 23,873,607, KRW 10,691,728, which received dividends in relation to the case, 10,691,728, out of the pertinent non-taxable credit occurred between 2012 and 2013, which was after the Plaintiff’s claim was created, the above KRW 10,691,728, which was paid to the Plaintiff, should be revised to the
2. Determination
A. Article 16 of the Provisional Registration Security Act provides that where an order is issued to commence an auction, etc. on any real estate on which a provisional registration for transfer of ownership is made, if such provisional registration is a provisional registration for security, the court shall notify the person holding the provisional registration of the contents thereof and the existence, cause and amount of the claim, and, if the provisional registration for security is not a provisional registration for security, the court shall report the details thereof to the court within a reasonable period fixed (paragraph (1)). If the right to provisional registration for security already made before the seizure is extinguished by sale, the creditor may receive a delivery of the proceeds of sale or a repayment (paragraph (2)). Thus, if the person holding the provisional registration for security falling under paragraph (2) fails to report the claim within the period fixed by the execution court, the court shall lose
(see, e.g., Supreme Court Decision 2007Da25278, Sept. 11, 2008). Moreover, when demanding a distribution, a document stating the cause and amount of the claim must be written (Article 48(1) of the Civil Execution Rule).