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(영문) 부산지방법원 2018.12.05 2018가단305426

배당이의

Text

1. Of the distribution schedule prepared by the above court on February 26, 2018 with respect to the case of compulsory auction by Busan District Court C real estate.

Reasons

In fact, the Plaintiff filed an application for compulsory sale of real estate (hereinafter “instant auction procedure”) with the Busan District Court C with respect to D’s real estate (Seoul Metropolitan City E-Gu No. 605, hereinafter “instant real estate”) as an executive title based on the final and conclusive judgment (Seoul District Court 2009Gadan57268, Busan District Court 209) rendered against D.

On June 28, 2012, the Defendant received a decision of provisional attachment (hereinafter “decision of provisional attachment”) from Busan District Court 2012Kadan6102 on the instant real estate, and accordingly, the registration of provisional attachment was completed on June 28, 2012.

Of the amount to be actually distributed on February 26, 2018, the executing court of the auction procedure of this case prepared a distribution schedule (hereinafter referred to as the “distribution schedule of this case”) with the content of allocating KRW 80,147,631 and KRW 2 to the National Bank of Korea, Co., Ltd., the mortgagee, the right to demand distribution, the right to demand distribution, in the order of priority 179,663,047, KRW 17,000, KRW 600, KRW 300, KRW 11,133,101, and KRW 6,600,002 to the Plaintiff, the applicant creditor, the Defendant, the right to demand distribution, and KRW 21,782,313 to the National Diplomatic Fund, the right to demand distribution.

On February 26, 2018, the Plaintiff raised an objection against the total amount of dividends to F and the Defendant on the date of distribution, and thereafter filed an application for revocation of provisional seizure with the Busan District Court 2018Kadan2581 on the decision of provisional seizure of this case.

Accordingly, on October 8, 2018, the above court decided to the effect that “The defendant did not bring an action on the merits three years have passed since the execution of the provisional attachment order in this case, so the provisional attachment order in this case was revoked pursuant to Article 288(1)3 of the Civil Execution Act,” and the above decision became final and conclusive as it is.

【The creditor has revoked the provisional attachment order issued by the creditor to determine the purport of each of the statements and the entire pleadings set forth in the evidence Nos. 1-5 (including the provisional attachment number).