beta
(영문) 춘천지방법원 2016.02.04 2014가단35610

배당이의

Text

1. Of the distribution schedule prepared on November 24, 2014 by the said court with respect to A real estate auction cases, the Chuncheon District Court A.

Reasons

1. Facts of recognition;

A. The instant real estate relationship with respect to B forest land B/252 square meters (hereinafter “instant real estate”) was completed on April 28, 1990 by C and D, and C died on or around November 1, 1996, and E inherited the pertinent property as the sole heir of C.

(However, among the instant real estate, C’s above 1/2 shares were sold by public auction, and D completed the registration of transfer of shares on July 23, 2007 due to “public auction on May 10, 2007.” On July 15, 2007 and April 17, 2008, D sold 1/2 shares of the instant real estate to F and completed each of the instant registration of transfer, and F sold the instant real estate to D on July 4, 201 and completed the registration of transfer.

B. A provisional attachment C and D of the Plaintiff’s instant real estate made a joint and several guarantee for the obligation of indemnity against the Plaintiff in entering into a guarantee insurance contract on the installment of the vehicle between the Plaintiff and the Kangwon Skig Construction Co., Ltd. around 1991.

However, on May 31, 1993, the Plaintiff, a guarantee insurance company, paid KRW 3,075,934 to the insured on May 31, 1993, and thereafter, on September 28, 2002, the Plaintiff filed an application for provisional attachment against the instant real estate with the Seoul Central District Court 2002Kadan12703 to "5,215,930 won" as to the provisional attachment against the obligor C, D, claim amount, 5,000 won. On October 1, 2002, the provisional attachment (Seoul Central District Court 2002Kadan12703) was decided on October 7, 2002. The provisional attachment registration was completed on October 7, 2002.

The provisional seizure of this case is called "the provisional seizure of this case"

On the other hand, A.

As C’s 1/2 shares are sold by public auction, the object of provisional attachment on July 23, 2007 as D’s 1/2 shares with respect to the registration of the entry of provisional attachment of this case.