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(영문) 수원지방법원 안양지원 2021.02.26 2019가단1648
배당이의
Text

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

2. The costs of lawsuit shall be those resulting from the participation.

Reasons

1. Basic facts

A. The Plaintiff’s provisional registration 1) G Co., Ltd. (hereinafter “debtor Co., Ltd”) completed the registration of the right to request transfer of ownership on the ground of the pre-sale agreement on December 12, 2002, as the receipt of No. 69559 on Dec. 13, 2002, with respect to the land of Suwon-si and J land (hereinafter “each land of this case”) to H (hereinafter “the instant provisional registration”).

2) On December 8, 2014, the Plaintiff completed the additional registration of the instant provisional registration on December 8, 2014 before the transfer of ownership based on the transfer on the same day.

B. On September 16, 2003, the debtor company set up a right to collateral security (hereinafter “mortgage”) with a maximum amount of KRW 90,000,000 with respect to each of the instant lands to the netF.

2) The deceased on June 19, 2017, prior to the filing of the instant lawsuit, Defendant B and C, who was his child, were the inheritor.

(c)

1) On April 6, 2017, the Suwon District Court rendered a decision to commence an auction on the instant voluntary auction case.

2) On February 20, 2019, the said court opened a dividend date for the instant voluntary auction procedure, and prepared the instant dividend list with the content that KRW 6,632,065,526 of the actual amount to be distributed to the domestic tax offices affiliated with the Defendant Republic of Korea, networkF, etc. as follows.

The creditor of dividend ranking 295,648,930 won 295,648,930 won distributed to the creditor of the distribution ranking 2,293,277 won 83,277 won (general tax) 4,492,548 won (general tax) 3,45,659,08 won (general tax) 1,050,000 won (registration of security) 27,181,683 won 27,283 won 6,62,065,5265,5263 of the above dividend ranking 27,273,277 won (general tax) 3,277 won, and the plaintiff was present at the above 3,50,000 won 3,00 won 27,181,683 won, 632,065,5263) 7,000 won and 7,000 won.

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