logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.04.05 2017가단33550
배당이의
Text

1. A distribution table prepared by the above court on September 21, 2017 with respect to the Incheon District Court C Real Estate Compulsory Auction and D (Dual) cases.

Reasons

1. Facts of recognition;

A. The plaintiff filed a lawsuit against Eul for the claim for the payment of the Promissory Notes No. 2006Gadan6913 with the Incheon District Court. On January 17, 2007, the court rendered a judgment that "E shall pay to the plaintiff 150 million won with the interest of 20% per annum from December 23, 2005 to the date of full payment."

The above judgment was finalized on February 9, 2007.

B. On October 13, 2016, the Plaintiff filed an application for a compulsory auction of real estate with the Incheon District Court C regarding the real estate listed in the attached list owned by E (hereinafter “instant real estate”). The said court rendered a decision to commence compulsory auction on October 14, 2016.

On November 17, 2016, the above court rendered a decision to commence voluntary auction on the case of voluntary auction application filed by the Incheon District Court D with respect to the instant real estate by F, and the above two cases were proceeded as one case.

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

With respect to the instant real estate at the time of the commencement decision of each of the auction proceedings of this case, the registration of provisional seizure (2005Kadan6858, Sept. 13, 2005, Incheon District Court Branch Decision 2005Kadan6858, Sept. 13, 2005), which caused 150 million won of the claimed amount, was completed on September 20, 2005, respectively.

On September 21, 2017, on the date of distribution, which was implemented on September 21, 2017 with respect to the instant auction procedure, the said court, among KRW 241,223,212, 70,501 and KRW 20,000 to the Jung-gu Agricultural Cooperative, Jung-gu, the mortgagee of the right to collateral security, set up a distribution schedule (hereinafter “instant distribution schedule”) under which the Defendant distributes each of the amounts of KRW 14,709,58 to the Plaintiff, and KRW 32,847,384 to the Plaintiff.

E. On September 26, 2017, the Plaintiff raised an objection to the full amount of KRW 14,709,58 against the Defendant on the date of the said distribution, and thereafter, filed the instant lawsuit on September 26, 2017.

arrow