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(영문) 창원지방법원마산지원 2020.09.23 2019가합101274

배당이의

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On September 22, 2017, the Plaintiff filed an application for provisional attachment with the Changwon District Court Branch 2017Kadan1023 regarding each real estate (hereinafter “each of the instant real estate”) indicated in the real estate indication [Attachment] owned by H Co., Ltd. (hereinafter “H”), and the provisional attachment registration in the Plaintiff’s name was completed on the same day.

B. The Defendant Industrial Bank, a creditor of H, applied for provisional seizure of each of the instant real estate with the Busan District Court Branch Branch of 2018Kadan10131, which was decided on July 16, 2018, and the provisional seizure registration was completed in the name of the Defendant Industrial Bank of Korea on the same day.

C. Based on the registration of the above provisional seizure, the Plaintiff filed an application for compulsory auction with F of this Court for each of the instant real estate with respect to the compulsory auction on May 8, 2018 (hereinafter “instant auction procedure”), and the Industrial Bank of Korea filed an application for commencement of voluntary auction with G of this Court regarding each of the instant real estate and rendered a decision to commence voluntary auction on July 6, 2018.

The instant real estate was sold at the instant auction procedure, and this Court opened a date of distribution on August 22, 2019, and prepared a distribution schedule as indicated below (hereinafter “instant distribution schedule”).

[Defendant B Co., Ltd. 26,185,514,820,514,820 won, 1,514,820 won, 466,330 won, 14,466,330 won, 21,095,145,889 won, 21,095,145,889 won, 1,514,514,820 won, 26,533 won, 41,263,361 won, 378, 378, 208, 378, 47, 2837, 47, 287, 284, 287, 37, 481, 37, 207, 487, 287, 47, 387, 284, 1942 won, 207, 3785, 3637,2847,27,2847