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(영문) 전주지방법원 군산지원 2017.01.20 2016가합10218
낙찰대금반환청구의 소
Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The progress of the auction procedure with respect to each real estate of this case is 1) each real estate listed in the separate sheet (hereinafter “each real estate of this case”).

(3) The construction works of a new construction company, etc. and the construction works of a limited liability company that subcontracted the construction works (hereinafter referred to as “surgical electricity”).

on October 13, 2008, this Court B-D, E, and F (hereinafter referred to as “D, etc.”) on the ground that the right of retention exists.

(3) As to each of the instant real estate owned by the owner, each of the instant real estate was subject to an application for a voluntary auction of real estate and was issued on October 14, 2008 by the decision to commence the auction of real estate (hereinafter “instant auction procedure”).

(2) The Plaintiff is a purchaser of the instant auction procedure, and the sales price of KRW 1,052,367,000 (hereinafter “instant successful bid price”).

(2) On February 18, 2010, the said court completed the registration of transfer of ownership on January 21, 2010. (2) The said court prepared a delivery slip (hereinafter referred to as “instant issuance slip”) with the content that 1,038,383,037 won calculated by deducting 14,767,60 won for enforcement expenses from the total amount of KRW 1,052,367,000 for the instant successful bid price and its interest 783,637 won, which is the date of distribution.

3) D, etc. appeared on the aforementioned date of distribution and raised an objection to the whole amount of delivery for the Seodaemun Electricity. On August 18, 2009, the creditor G of Seodaemun Electricity deposited KRW 1,038,671,863 of this Court in the name of the senior senior court C on March 2, 2010 with respect to the above-mentioned claim against the Defendant of Seodaemun Electricity by the Gwangju District Court 2009TTan District Court 2009Tan1333, which became final and conclusive on February 17, 2010 upon receipt of a seizure and assignment order and assignment order of claims against G. The execution court deposited the amount of KRW 1,038,671,863 in the name of the senior court C on March 2, 2010 (hereinafter “instant deposit”).

B) B. (1) D, etc. filed a lawsuit of demurrer against the distribution by this court 2010Gahap592 and filed a lawsuit of demurrer against the distribution from this court on July 2, 2010, and the amount granted for the mining electricity in the instant delivery slip was KRW 1,038,383,037.

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