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(영문) 광주지방법원순천지원 2014.04.30 2013가단15689
배당이의
Text

1. The above court was drafted on August 29, 2013 with respect to the compulsory auction case of real estate D with the Gwangju District Court's Netcheon Branch D.

Reasons

1. Basic facts

A. On November 15, 2012, the Plaintiff filed an application for a compulsory auction on real estate (hereinafter “each of the instant real estate”) with the Gwangju District Court on November 8, 2012, based on the executory exemplification of the Decision 2011Gadan24924 rendered by the Gwangju District Court rendered on November 8, 2012, for a real estate auction (hereinafter “instant real estate”) with respect to F. 169 square meters and above-ground cement brick structure slives slive roof, and cement brick slives 80.5 square meters (hereinafter “each of the instant real estate”).

B. On November 29, 2012, Defendant B filed an application for provisional attachment for each of the instant real estate with this court on December 3, 2012, and completed the registration of each provisional attachment. On November 29, 2012, Defendant B filed an application for a payment order (this court 2012 tea 2825) against E for the payment of loans of KRW 15,000,000 on October 20, 2010, and the said payment order was finalized on December 21, 2012, and filed a request for a report of rights and a demand for distribution on the ground that the registration of the provisional attachment was completed at the executing court on December 12, 2012.

C. On November 29, 2012, Defendant C applied for provisional attachment with respect to each of the instant real estate to the High Court of Gwangju District Court, Gwangju District Court, the registration of each provisional attachment was completed on the 30th of the same month, and on December 12, 2012, Defendant C applied for a report of rights and a demand for distribution on the ground that the registration of the provisional attachment was completed in the executing court.

On August 29, 2013, the court of execution prepared a distribution schedule to distribute the dividends of KRW 5,979,813 in the first order to the Plaintiff, the creditor, KRW 24,922,200, KRW 6,850,396 in the first order to Defendant B, the person holding the provisional seizure, and to Defendant C, the person holding the provisional seizure, respectively, in the first order, to the Plaintiff, who is the creditor, and the Plaintiff has an objection to the entire amount of dividends by the Defendants.

[Ground of recognition] Facts without dispute, Gap 1 through 6 evidence, Eul 1 through 14 evidence (including each number; hereinafter the same shall apply), witness G, testimony of Eul and the purport of whole pleadings

2. The assertion and judgment

A. (1) The Defendants’ statements are changed from time to time in relation to the Plaintiff’s assertion (1). Each receipt submitted by the Defendants (No. 1, 4, and No. 4) may also be submitted.

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