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(영문) 의정부지방법원 2018.08.24 2018나202546
배당이의
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. On April 6, 2017, the Plaintiff filed an application for a compulsory auction on each real estate owned by E with the executory exemplification of the judgment with executory power in Suwon District Court 2016Gahap109, Sungwon-nam Branch 2016Gahap109 (Seoul District Court D). On April 6, 2017, the said court accepted the Plaintiff’s application and rendered a decision to commence compulsory auction on each of the said real estate, and on April 10, 2017, the registration of the decision to commence compulsory auction

B. On May 10, 2017 and June 9, 2017, Defendant B: (a) obtained a decision on provisional seizure against each of the above real estate by using the loan claim amounting to KRW 102,00,000,000 as the preserved claim against E as the preserved claim; and (b) completed the registration of provisional seizure against the above real estate; and (c) filed a report on the right and a request for distribution with the amount of demand for distribution at the above auction court as KRW 102,00,000 on June 20, 2017.

Meanwhile, on June 9, 2017, Defendant B filed a payment order seeking payment of the above preservation claim against Defendant B, and on June 9, 2017, Defendant B received the payment order that “E shall pay the amount of KRW 102,00,000 and KRW 5% per annum from the date on which the original copy of the instant payment order was served, and KRW 15% per annum from the next day to the date of full payment, and KRW 86,000 per annum from the next day to the date of full payment.” On June 29, 2017, the above payment order was finalized on September 11, 2017, submitted a claim statement with the amount of demand for distribution at the above auction court as KRW 108,32,153.

C. On May 10, 2017 and June 9, 2017, Defendant C, with the loans worth KRW 128,340,000 against E as preserved claims, completed the registration of provisional seizure on the said real estate on the same day after obtaining a decision on provisional seizure on each of the said real estate, and submitted an application for a report on rights and a demand for distribution to the said auction court with the amount of KRW 128,340,00 on June 20, 2017.

On the other hand, Defendant C applied for a payment order seeking payment of the above preserved claim against E and the payment order of this case was served on June 5, 2017.

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