beta
(영문) 춘천지방법원원주지원 2016.09.20 2016가단30950

배당이의

Text

1. Of the distribution schedule prepared on February 24, 2016 by the said court with respect to the distribution case A of the Chuncheon District Court A, the defendant shall be the defendant.

Reasons

1. Basic facts

A. B, on July 1, 198, the Defendant deposited the land compensation of KRW 37,278,70, which was deposited by Suwon District Court 88Hun4575 on July 1, 198 with respect to the land of KRW 37,29,00 in Suwon District Court 88,278,70, which was owned by Japan, with a certified copy of the forged family register and a certified copy of the family register as if the said Japanese was his relative, made the registration of ownership transfer under his own name, and then unduly withdrawn the said land on May 4, 190.

B. On March 3, 1992, the Board of Audit and Inspection requested the Defendant to recover the land compensation that was unfairly paid and file a complaint against B. Accordingly, the Defendant filed an application for provisional seizure of real estate with respect to E/14,182 square meters in Suwon-si, Suwon District Court 96Kahap6857, Nov. 25, 1996 (hereinafter “instant provisional seizure”) with the right to claim the recovery of deposit money against B as the preserved claim, and the registration of provisional seizure based on the provisional seizure order by Suwon District Court 96Kahap6857 (hereinafter “instant provisional seizure”).

C. After that, the defendant filed an application for additional provisional seizure on the real estate of this case with the right to claim interest on the deposit interest on B as the preserved claim, and on October 24, 1997, the registration of provisional seizure based on the Suwon District Court 97Kadan34518 (hereinafter "the provisional seizure of this case") was completed.

The Plaintiff received the Seoul District Court Decision 2003Kadan165767 on the instant real estate with the claim for indemnity against B as the preserved claim, and thereafter filed an application for a compulsory auction on the instant real estate based on the authentic copy of the final judgment No. 2010Kadan46549 on the Seoul Central District Court Decision No. 2010 on July 27, 2015.

E. On February 24, 2016, a court of execution shall distribute the dividends of KRW 9,055,096 to the Defendant, who is the person holding the provisional attachment (the provisional attachment of this case) and KRW 3,535,704 (the provisional attachment of this case 2), and the Plaintiff’s dividends of KRW 29,165,326 (Evidence A).