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(영문) 대전지방법원천안지원 2019.07.24 2018가단8367
배당이의 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On May 13, 2011, the Plaintiff filed a lawsuit against the Plaintiff for a loan claim with the Suwon District Court Decision 2010Da32863, the Plaintiff’s claim against E was sentenced to the said court’s judgment that “E shall pay to the Plaintiff 20 million won and the interest calculated at the rate of 5% per annum from December 16, 2009 to January 19, 201, and 20% per annum from the next day to the date of complete payment.”

The above judgment was finalized as it is.

B. 1) E starts with the procedure for compulsory auction on November 2, 2017, 2017, the F apartment G-gu, Dong-gu, Dong-gu (hereinafter “instant real estate”).

(2) The Plaintiff acquired the ownership of the instant real estate by completing the registration of ownership transfer with respect to the registration of ownership transfer.

On December 6, 2017, the judgment stated in paragraph (1) as executive title, filed an application for the commencement of compulsory auction with the Daejeon District Court's Incheon District Court's Incheon District Court's branch court for the commencement of compulsory auction on the real estate in this case and received a compulsory decision to commence compulsory auction as D.

On the same day, the registration of compulsory auction decision was completed on the instant real estate.

C. Defendant B filed an application for provisional attachment of KRW 56,750,000 with respect to the instant real estate with the claim of KRW 56,750,00 with the Daejeon District Court Branch of 2018Kadan60,00, and received a provisional attachment order from the above court on January 16, 2018. Based on the provisional attachment order as above, the provisional attachment registration was completed on the same date. Furthermore, Defendant B filed an application for a payment order to seek payment of KRW 56,750,00 with respect to the instant real estate with respect to KRW 80,00,000 with respect to the said real estate from the Daejeon District Court of Daejeon District Court of Grade 20,00,000 and received a payment order from the above court. Defendant C received an application for provisional attachment order of KRW 80,000,000 with respect to the instant real estate from the court under the jurisdiction of Daejeon District Court of Grade 20,13,2008.

3.2

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