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(영문) 서울서부지방법원 2013.06.20 2012가합13903
배당이의
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

Basic Facts

Around May 2005, the Plaintiff and the Mapo-gu Seoul Metropolitan Government Construction Co., Ltd. (hereinafter referred to as “D”) entered into a contract with “D” commercial building and parking-only building at the price of KRW 15.95 billion for the new construction work on the ground of 1,151 square meters of land outside Seoul Mapo-gu Seoul and four lots, and completed the commercial building and parking-only building (hereinafter referred to as “instant real estate”) on January 10, 2008. The Plaintiff obtained approval for use from the head of Mapo-gu Seoul Metropolitan Government around that time.

On October 26, 2007, the head of Mapo-gu Seoul Metropolitan Government Office seized the real estate of this case based on the tax claim against the plaintiff and completed the registration for entry on the same day.

In addition, on November 1, 2007, the Incheon District Court rendered a decision of provisional seizure of KRW 1,035,452,050 of the claimed amount by the Incheon District Court 2007Kahap2460 on November 1, 2007, and the provisional attachment registration was completed on the same day.

On November 8, 2007, F, a creditor of the plaintiff, applied for a compulsory auction for the real estate of this case to Seoul Western District Court G based on an executory exemplification of the judgment (Seoul Western District Court 2006Gahap2773) on November 8, 2007. On November 9, 2007, the decision to commence compulsory auction was made and the registration of compulsory auction was completed on the same day.

Likewise, H, I, J, and K, the Plaintiff’s creditor, applied for a compulsory auction of the instant real estate to L with Seoul Western District Court on November 8, 2007 (Seoul Western District Court Decision 2005Gahap11961, Seoul High Court 2006Na68447) on an executory exemplification of the judgment (Seoul Western District Court Decision 2005Gahap11961, and Seoul Western District Court Decision 2006Na6847). On November 9, 2007, the compulsory decision of compulsory auction was issued and the compulsory decision of compulsory

After all, on November 14, 2007, the provisional attachment order of KRW 481,619,500 was issued by Seoul Western District Court 2007Kahap2019 on November 14, 2007, and the provisional attachment registration was completed on November 16, 2007.

On the other hand, the Plaintiff’s new construction work of the instant real estate is 15 billion won from the National Bank of Korea on June 29, 2006.

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