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(영문) 서울북부지방법원 2016.04.08 2015가단125125

배당이의

Text

1. Of the distribution schedule prepared on June 18, 2015 by the above court with respect to the F compulsory auction case of the Seoul Northern District Court.

Reasons

1. Facts of recognition;

A. On December 27, 2012, the Plaintiff: (a) received a claim attachment and collection order as the Seoul Northern District Court 2010TTTTTT 2010TTT 3706 with respect to the claim against G’s garnishee H as the executive title; (b) filed a claim for collection under the above claim attachment and collection order as the Seoul Northern District Court 2012TT 20530; and (c) was sentenced to a judgment of December 27, 2012, H paid KRW 337,740,684 and its delay damages to the Plaintiff; and (d) on July 4, 2013, H appealed appealed appealed, but the judgment of the lower court became final and conclusive on July 25, 2013 (Seoul High Court 2013Na201875).

(hereinafter referred to as “the claim for collection of this case”) B.

Defendant B prepared a lease agreement with H on June 30, 201 with respect to the real estate listed in the attached list owned by H (hereinafter referred to as “instant real estate”), with the lease deposit amount of KRW 30 million, and with the lease term of KRW 24 months, and completed a move-in report on July 16, 2014, and obtained a fixed date on the same day.

Defendant C also prepared a lease agreement on June 30, 2014, the lease deposit amount of KRW 35 million with respect to the instant real estate between Defendant C and H, with the lease term of KRW 24 months, and completed the move-in report on June 30, 2014, and received the fixed date on the same day.

C. Defendant D filed an application with H for provisional attachment against the instant real estate with this Court 2013Kadan5654 on September 25, 2013, upon which the provisional attachment order became final and conclusive on October 2, 2013 on the following grounds: (a) Defendant D filed an application for provisional attachment against H for a payment order for a loan of KRW 50 million with this Court 2013 tea 4977; and (b) filed an application for a payment order against H on September 3, 2010 to seek payment for the loans of KRW 50 million with this Court 2013Kadan4977; and (c) received such payment order from the said court.

At the request of Defendant D, the procedure for compulsory auction was initiated with respect to the instant real estate.