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(영문) 인천지방법원 2017.07.19 2016가단35900

배당이의

Text

1. A distribution table prepared by the above court on July 27, 2016 with respect to the Incheon District Court C real estate compulsory auction and D (combined) cases.

Reasons

1. Basic facts

A. On August 7, 2002, E acquired the ownership of 46/94 shares of F large 94 square meters in Dong-gu Incheon Metropolitan City (hereinafter “E shares”), and G also acquired the ownership of 46/94 shares of the above real estate (hereinafter “G shares”).

B. On September 19, 2003, Defendant B completed the provisional attachment registration on September 22, 2003, after receiving a decision of provisional attachment of KRW 3,600,000 for the claimed amount in relation to G shares (Seoul District Court Order 2003Kadan3986).

(hereinafter referred to as “instant provisional seizure”). C.

On July 9, 2008, Defendant New Bank Co., Ltd. (hereinafter “Defendant New Bank”) completed the provisional attachment registration on July 9, 2008 upon the provisional attachment order of KRW 18,210,962 (Seoul Central District Court Order 2008Kadan70289).

On November 4, 2008, the Seoul Central District Court 2008Gaso2318562, the Defendant New Bank was sentenced to the judgment that “E, etc. shall jointly and severally pay to the Defendant New Bank the amount of KRW 18,226,578 and the amount of KRW 10,000,000 per annum from July 5, 2008 to the date of full payment.”

On May 26, 2009, the procedure of compulsory auction was initiated to Incheon District Court C on May 26, 2009 upon the application of the defendant New Bank based on the above judgment.

H completed on October 16, 2009 the registration of creation of a new establishment for E and G E and G in terms of the maximum debt amount of 25,000,000 won and the debtor E and G in terms of the E and G shares.

E. On May 12, 2010, the Plaintiff completed the registration of the establishment of a neighboring mortgage on G shares of KRW 50,000,000 with respect to the maximum debt amount and KRW 50,000.

F. On March 22, 2012 upon H’s application, the voluntary auction procedure was initiated as D by the Incheon District Court with respect to E and G shares, and the case was consolidated with the Incheon District Court C compulsory auction procedure commenced prior to the commencement of the auction procedure.

(g) On July 27, 2016, when a court of execution distributes the amount to be actually distributed on the date of distribution of the instant auction procedure (i.e., shares of KRW 34,009,484 KRW 35,318,451), it shall give first priority to Defendant B.