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(영문) 부산지방법원 2014.04.29 2013가단13289

배당이의

Text

1. Of the distribution schedule prepared by the above court on February 8, 2013 with respect to F real estate auction case in Busan District Court F.

Reasons

1. Basic facts

A. The plaintiff filed a lawsuit against the non-party company as Busan District Court 2004Kadan64391, and the appellate court (Seoul High Court 2005Na13752) rendered a judgment on March 29, 2006 that "the non-party company shall pay to the plaintiff 95 million won with 5% interest per annum from December 28, 2005 to March 29, 2006, and 20% interest per annum from the next day to the day of complete payment."

The above judgment became final and conclusive around that time.

B. On July 16, 2004, each of the real estate listed in the separate sheet owned by the non-party company (hereinafter “each of the instant real estate”), the Defendant attached to the maximum debt amount of the real estate owned by the non-party company (hereinafter “non-party bank”), as follows:

1. A defendant in attached Form 45,000,000 won;

3. A defendant in attached Form 75,000,000 won.

4. Defendant in attached Form 40,000,000.

5. 40,000,000 won

(2) On August 5, 2004, the provisional attachment registration of KRW 100,00,000 as claimed by the Plaintiff, the provisional attachment registration of KRW 590,00,000 as claimed by the creditor H and I, the provisional attachment registration of KRW 590,00 as claimed by the creditor H and I, the provisional attachment registration of KRW 66,06,062,054 as claimed by the creditor bank of Korea on October 21, 2004, the provisional attachment registration of KRW 666,062,054 as claimed by the creditor bank of Korea on October 16, 2006 was completed.

2) As to each of the instant real estates, the Plaintiff filed an application for voluntary auction, and the Plaintiff filed an application for the auction to the Busan District Court F. The auction procedure of real estate (hereinafter “instant auction procedure”).

D. At the instant auction procedure, the Defendants asserted as a lessee of each of the instant real estate as indicated in the separate sheet, and filed a report on the right and demand for distribution, and the auction court distributes dividends of KRW 558,089,922 on the date of distribution progress on February 8, 2013, the Defendants and nine small lessee including the Defendants, including the Defendants, in the first order, shall be subject to seizure (the pertinent tax, etc.).