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(영문) 인천지방법원 2019.09.27 2019가단205236
배당이의
Text

1. The plaintiff (Counterclaim defendant)'s principal lawsuit shall be dismissed.

2. As to the case of application for compulsory auction against B real estate in Incheon District Court

Reasons

1. Basic facts

A. 1) The real estate listed in the separate sheet (hereinafter “instant real estate”) in the attached sheet (i.e., provisional seizure of real estate)

On June 26, 1996, the registration of ownership transfer was completed under C’s name on June 26, 1996.2) The Plaintiff filed against C an application against C for provisional attachment (hereinafter “instant provisional attachment”) with the Incheon District Court 2010Kadan4039 against the claim amounting to KRW 30 million.

On April 12, 2010, the above court issued a ruling of provisional seizure, and on April 13, 2010, the registration of provisional seizure entry was completed.

3) The Defendant filed a lawsuit against C, etc. seeking the payment of acquisition amount under Seoul Central District Court Decision 2015Da6787854. The purport of the claim is that “C shall jointly and severally with D pay to the Defendant the amount calculated by the rate of 19% per annum from October 16, 2015 to the date of full payment.” The above court made a decision of performance recommendation to C on November 13, 2015, and the said decision of performance recommendation became final and conclusive on December 2, 2015. (b) On the instant real estate, the procedure for compulsory auction (hereinafter “instant auction procedure”) to the Incheon District Court B on February 6, 2018 upon the Defendant’s application.

2) On January 24, 2019, the date of distribution of the instant auction procedure, KRW 72,791,190, which is the actual amount to be distributed on January 24, 2019, was prepared a distribution schedule with the content that distributes the amount of KRW 22,004,805, which is equivalent to approximately KRW 73.35% of the claimed amount of KRW 30 million in the first priority order to the Plaintiff, the person holding the right to provisional attachment of this case, and KRW 50,786,385, which is the applicant creditor, in the first priority order to the Defendant, who is the applicant creditor. (C) The Plaintiff and the Defendant raised an objection against each of the aforementioned parties on the total dividends to the other party on the date of distribution, and within seven days thereafter, the Defendant raised an objection against each of the instant provisional attachment of this case against the Plaintiff. (d) The Defendant subrogationing the provisional attachment decision of this case).

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