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(영문) 대구지방법원서부지원 2015.06.25 2014가단18241

배당이의

Text

1. The defendant succeeding intervenor's application for intervention shall be dismissed;

2.The Seogu District Court A.

Reasons

1. Basic facts

A. The Plaintiff has a claim for reimbursement of KRW 10,792,766 against B, and filed an application for payment order with the Seoul Central District Court 2010 tea4659, which was issued by the above court on April 27, 2010, and the above payment order was finalized on May 18, 2010.

B. On November 18, 2013, the Plaintiff applied for a compulsory auction against the apartment owned B by the said court for a compulsory auction by the Seo-gu District Court Branch A with respect to the apartment owned by B based on the original of the above executory payment order.

(hereinafter “instant auction procedure”). C.

On the other hand, on June 25, 2009, the defendant received a provisional attachment order of KRW 9,320,000 from the Seo-gu District Court Branch Decision 2009Kadan387 as to the above apartment, and the provisional attachment order of KRW 9,320,00 was completed on the same day.

(hereinafter “instant provisional seizure”). D.

On May 27, 2014, on the date of distribution of the instant auction procedure, the distribution court prepared a distribution schedule to distribute KRW 12,410,969 to the Plaintiff, who is the person holding the right to request auction, and KRW 5,762,00 to the Defendant, who is the person holding the right to request a provisional seizure

(hereinafter “instant distribution schedule”). Accordingly, the Plaintiff raised an objection to the total amount of dividends against the Defendant on the same day, and filed the instant lawsuit on June 2, 2014, the period between seven days and seven days thereafter.

E. Meanwhile, in the instant auction procedure, the Plaintiff’s amount of the Plaintiff’s claim is KRW 20,074,839 (= principal KRW 10,792,766) and interest KRW 9,282,073).

F. On July 16, 2014, the Plaintiff filed an application for the revocation of provisional seizure with the Seoggu District Court Branch Branch of 2014Kadan836, on the ground that the Defendant did not file a lawsuit on the merits within three years after the execution of the provisional seizure order in this case, and the said decision became final and conclusive on July 28, 2014.

G. On May 1, 2010, the Defendant’s successor transferred the instant provisional attachment claim against B from the Defendant, and notified the assignment of claims to B on May 14, 2010, and the Seoul Eastern District Court as to B.