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(영문) 인천지방법원 2014.09.17 2014가합2293

배당이의

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1. On February 21, 2014, the same court with respect to the distribution procedure for the voluntary auction of real estate in Incheon District Court S or T (Dual).

Reasons

1. Basic facts

A. As to the real estate listed in the separate sheet No. 1 owned by U to secure the claim against Nonparty U (hereinafter “instant building”), the Plaintiff completed the registration of the establishment of each of the following units by the Incheon District Court No. 112564, Dec. 22, 2010, as the obligor, the maximum debt amount of U to 3,250,000,000 and the Incheon District Court’s District Court No. 6247, Jun. 29, 2011, as the obligor, the maximum debt amount of U to 65,00,000,000 won.

B. On December 31, 2012, the Plaintiff filed an application for voluntary auction with the Incheon District Court, and the Incheon District Court rendered a voluntary decision to commence the auction (hereinafter “previous auction”) on January 2, 2013.

On February 4, 2013, the Plaintiff withdrawn the previous application for auction, and accordingly the previous auction procedure has been completed.

C. On April 2, 2013 and December 17, 2013, the Plaintiff filed an application for voluntary auction with the Busan District Court. On April 3, 2013 and December 18, 2013, the Incheon District Court rendered a decision to commence voluntary auction (hereinafter “instant auction procedure”). On December 18, 2013, the Defendants asserted that they are small tenants of the instant building in the instant auction procedure, and filed a report on rights and demand for distribution.

On February 21, 2014, the Incheon District Court: (a) distributed the amount of KRW 2,523,970,017, deducting the amount of KRW 8,749,760, which shall be distributed by opening the date of distribution from KRW 2,515,220,257, which shall be the amount to be distributed by actually distributing the amount of KRW 2,515,220,257; (b) distributed each amount indicated in the “distribution schedule” in the “Distribution Schedule” in the attached Table 2 in the order of first priority to the Defendants; and (c) drafted a distribution schedule that distributes the amount of KRW 2

(hereinafter “instant distribution schedule”). E.

The Plaintiff appeared on the date of distribution, and raised an objection against the total amount of the dividend of the Defendants, and filed the instant lawsuit on February 27, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Gap evidence Nos. 3 through 22 (hereinafter each number is omitted), the purport of the whole pleadings

2. The assertion and judgment

A. The parties' assertion 1) The plaintiff's assertion.