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(영문) 대전지방법원서산지원 2016.11.30 2016가단52991

배당이의

Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 26, 2012, the Plaintiff: (a) filed a registration of the right to claim transfer of ownership on the grounds of the promise to sell and purchase the pertinent real estate on the same day with respect to F 475 square meters and G 144 square meters (hereinafter “instant real estate”).

B. On September 16, 2014, upon Defendant B’s request, Defendant B, the creditor of the instant real estate rendered a decision of compulsory commencement of auction (Seoul District Court Branch D, E, and B), and on the date of distribution implemented on June 29, 2016, a distribution schedule was formulated that distributes KRW 160,808,703 of the amount to be actually distributed as follows:

The distribution order creditor 1,680 won 51,680 won 40,000 won 25,783,590 won 2,00 won 25,783,590 won (the relevant tax office: the office of disposition) delivery holder 34,940,440 won 2,40 won 2,000 won (the office of disposition: the office of disposition) delivery holder 40,480 won 2,650 won 83,640 won 2,640 won 2,000 won delivery holder 83,640 won 2,640 won

C. On the date of the above distribution, the Plaintiff raised an objection to the dividend amount against the Defendants, and filed the instant lawsuit within one week thereafter.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 and 2 (including branch numbers for those with additional numbers), the purport of the whole pleadings

2. The Plaintiff’s assertion is a person with a provisional registration of security for the security of the instant real estate for the secured credit against Defendant C, and thus has the right to receive dividends in preference to the Defendants.

3. We examine the legality of the instant lawsuit ex officio.

Article 16 (1) of the Provisional Registration Security Act (hereinafter referred to as the "Provisional Registration Security Act") is a compulsory auction, etc. for a real estate on which a provisional registration for the transfer of ownership is made.