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(영문) 서울고등법원 2017.04.12 2016나2075884
배당이의
Text

1. Of the judgments of the first instance court, the part of the defendant in the judgment shall be modified as follows:

Suwon District Court E Real Estate Compulsory Auction.

Reasons

1. Facts of recognition;

A. On November 19, 2004, the following conciliation was established in the Suwon District Court 2004Reu1030 (principal lawsuit), 2004Reuu1337 (Counterclaim) divorce case between the Plaintiff and F.

1. The Plaintiff and F shall be divorced.

2. F shall be paid to the Plaintiff KRW 60,00,000 as a division of property by February 28, 2005, but if the payment of the above money is delayed, the payment shall be made by adding the damages for delay at the rate of 20% per annum from the date of delay to the date of full payment.

3. Designation of F as a person exercising parental authority over children and a person fostering them;

4. The plaintiff shall pay F the amount of 600,000 won per month from February 1, 2005 to November 13, 2005, and 300,000 won per month from the next day to August 19, 2008.

(hereinafter omitted)

B. On March 6, 2014, the Plaintiff filed an application for a compulsory auction with respect to H apartment 106, 404 (hereinafter “instant real estate”) owned by Suwon District Court E, with an executory exemplification of the said conciliation protocol against F, and filed an application for a compulsory auction with the said court on March 6, 2014 (hereinafter “instant real estate”). After having received a decision to commence compulsory auction from the said court, the Plaintiff filed a report with the said court on the claim of the principal amounting to KRW 60,000,000, interest amounting to KRW 114,016,438, total amount

(hereinafter the above procedure for compulsory auction is referred to as “instant auction procedure”).

After completing a provisional attachment registration of KRW 214,400,00 for the instant real estate on May 12, 2014, the Defendant filed a report on the right and demand for distribution with the claim amounting to KRW 134,00,000 for principal and KRW 80,400,000 for interest, and KRW 214,40,000 for interest, and KRW 214,40,000 for the instant real estate on May 15, 2014; and C filed a claim with the court on May 12, 2014 for the provisional attachment registration of KRW 33,50,00 for the instant real estate on May 15, 2014 for the completion of the provisional attachment registration of KRW 20,00 for principal and KRW 13,50,000 for interest, KRW 33,50,000 for the instant real estate on May 13, 2014.

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