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(영문) 창원지방법원밀양지원 2015.04.29 2014가단3421
배당이의
Text

1. It was prepared on September 4, 2014 by the same court with respect to the compulsory auction case for real estate B located in Changwon District Court smuggling B.

Reasons

1. Facts of recognition;

A. On July 27, 2012, the Plaintiff received a provisional attachment order for C-owned 22512 shares of 166 percent of D-owned share in order to preserve the claim against C on July 27, 2012. The Plaintiff filed a lawsuit against C as Changwon District Court 2012Kadan1838, and filed a lawsuit against C with the Plaintiff as “C” for KRW 67,951,237 and KRW 47,474,737 from August 7, 2012, and for KRW 20,476,50 from November 14, 2012 to the date of full payment (hereinafter “instant judgment”), and confirmed that the amount of litigation costs of this case is KRW 20 percent (hereinafter “the amount of litigation costs”) to the Plaintiff with the final and conclusive judgment of KRW 20139,371,201,” and repaid the amount of litigation costs of this case to the Plaintiff as “the final and conclusive judgment of KRW 20137139,134.

B. The Defendant filed an application against C for the payment order of Busan District Court No. 2013 tea 14491, and “C pays 3,200 won to the Defendant at the rate of 20% per annum from the day following the delivery of the instant payment order to the day of full payment” was finalized on October 14, 2013 after the payment order (hereinafter “instant payment order”) was served to C on October 29, 2013.

C. In Yangyang-si, E forest land E (hereinafter “instant land”) was divided from D’s land before the division, and the registration of ownership transfer with respect to the entire share was completed on January 7, 2013 due to the division of the jointly owned property as of 1605 square meters (hereinafter “instant land”).

On December 11, 2013, the Defendant, with the title of execution of the instant payment order, was rendered a decision to commence compulsory execution of the real estate B with Changwon District Court Seoyang Branch B. In the said auction procedure, the Plaintiff, on February 17, 2014, prior to February 21, 2014, filed a demand for distribution based on the instant judgment and the decision to determine the amount of litigation costs. The auction court, among the amount to be actually distributed on September 4, 2014, the Plaintiff raised an objection.

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