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(영문) 서울동부지방법원 2021.03.31 2019가단125158

배당이의

Text

1. On May 1, 2019 with respect to compulsory auction cases of E real estate in this Court, Defendant B is the same as the dividend table prepared by this Court.

Reasons

1. Basic facts

A. F was sentenced to a favorable judgment (hereinafter “instant judgment”) on July 25, 2013, that “F shall pay KRW 210,000,000 and the amount at the rate of 20% per annum from March 29, 2013 to the date of full payment” (hereinafter “instant judgment”) by filing a lawsuit against G around 2013 with this Court 3093. The instant judgment became final and conclusive on August 23, 2013.

B. According to the instant judgment, F applied for compulsory auction on September 2, 2013, where Defendant B, who is the husband of G and his husband, owns each one-half of the shares in H apartment I (hereinafter “instant real estate”) of Songpa-gu Seoul Metropolitan Government H apartment I (hereinafter “instant real estate”), and decided to commence compulsory auction on September 2, 2013, but the said decision was revoked on January 2, 2014.

(c)

Defendant B filed an application for provisional attachment on February 26, 2015 for the provisional attachment of G shares with respect to the claim amounting to KRW 379,000,000 against G with respect to the guarantee claim amounting to KRW 379,00,00,000 for G shares, and the provisional attachment attachment was registered at KRW 379,000 for the same day (hereinafter “Defendant B’s provisional attachment”).

F around March 2015, the Plaintiff transferred the claim under the instant judgment to G and notified G of the transfer of the claim.

E. On March 5, 2018, the Plaintiff was granted a text of succession execution to the instant judgment. On March 13, 2018, the Plaintiff applied for compulsory auction with respect to G shares, and received a decision to commence compulsory auction (E) on March 13, 2018.

F. On April 23, 2018, Defendant B submitted an application for a demand for distribution to this court. On the same day, Defendant B filed an application for a payment order with G seeking the payment of the guaranteed bond amount, which is the preserved claim for the said provisional seizure, and on May 15, 2018, Defendant B received an order for payment (this Court Decision 2018j1899) (the payment order was finalized on April 8, 2018, “G would pay to Defendant B 379,000,000 won, and the amount at the rate of 15% per annum from the following day to the date of delivery of the payment order,” and the payment order was finalized on June 8, 2018.

G. Meanwhile, Defendant C (G’s words) is about G 327,300.