배당이의
1. This Court against Defendant B, among the distribution schedule prepared on August 8, 2017, in the case of F and G (Dual Real Estate) compulsory auction.
1. Basic facts
A. The Plaintiff filed a lawsuit claiming the return of the lease deposit against the HGE (hereinafter “foreign church”) and lost in the first instance court. However, on September 10, 2015, the appellate court (Seoul High Court 2015Na2019634), rendered a judgment (hereinafter “instant judgment”) stating that “the foreign church shall receive 33 square meters from the Plaintiff among the buildings listed in the attached list No. 5, and simultaneously pay KRW 186 million to the Plaintiff” (hereinafter “instant judgment”).
The above judgment became final and conclusive as it was dismissed on January 14, 2016 by the appeal filed by the non-party church.
B. On May 4, 2016, the instant judgment was divided into five sections (No. 101, No. 201, No. 201, No. 301, No. 301, No. 401, and No. 101 of the underground floor) on the registration award of one building and one unit of each building indicated in the attached list on May 4, 2016, upon the Plaintiff’s application by the executive title. However, although the instant judgment was divided into five sections (No. 101, No. 201, No. 301, and No. 101 of the underground floor), the non-party church
(For example, by dividing Nos. 201-201, 202, and 203). The whole structure of one building is as shown in Appendix 3.
On October 18, 2016, the compulsory auction was commenced (F) and the double auction decision was rendered on October 18, 2016 upon the application of the Agricultural Cooperatives, South Korea, a mortgagee of the building.
(hereinafter referred to as the “instant auction”) by combining the courts G, and c).
On May 27, 2016, Defendant B lent KRW 12 million to the court of execution on September 21, 2015.
“Around February 15, 2016, a notary public submitted an application for a report on rights and a demand for distribution, and attached a notarial deed No. 184 (hereinafter “notarial deed”). D. The Defendant C submitted to the executing court on May 27, 2016 an application for a report on rights and a demand for distribution with the content that “a notary public lent KRW 30 million to a non-party church” on November 1, 2016, and a notary public submitted an application for a demand for distribution with the content that “a notary public lends KRW 30 million to a non-party church” on February 15, 2016, No. 183, Dec. 183, 2016.