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(영문) 대전지방법원 2013.08.21 2013가합3365
배당이의
Text

1. A distribution schedule prepared by the said court on April 10, 2013 with respect to the Daejeon District Court K and L (combined) real estate compulsory auction cases.

Reasons

1. Basic facts

A. Upon Defendant J’s request, the procedure for compulsory auction of real estate in the attached list owned by the Plaintiff (hereinafter “instant real estate”) was commenced with respect to the real estate in Daejeon District Court K and L (combined). The said court drafted a distribution schedule with the content that the amount to be actually distributed as follows: (a) KRW 441,781,450 of the amount to be actually distributed as follows.

Creditors 149,318,64 149,318,640, 318, 318, 318,640, 318, 325,000 collective security interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests of 425,136,661 lessees and interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests, interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests interests.

B. The Plaintiff appeared on the aforementioned date of distribution, and raised an objection against the total amount of distribution to the Defendants, and filed a lawsuit of demurrer against the distribution on April 17, 2013, which was within seven days thereafter.

【Defendant H: The remaining Defendants except for Defendant H under Articles 208(3)2 and 150(3) of the Civil Procedure Act: The non-contentious facts, Gap evidence 1 (the same as the evidence No. 4), and Gap evidence No. 2 (the same as the evidence No. 5) and the purport of the whole pleadings

2. The assertion and judgment

A. The instant decision to commence the auction by Defendant J’s motion is unfair. Even if the instant decision to commence the auction was justifiable, there is an error in the dividend order and dividend among the remaining Defendants except for Defendant Daejeon Metropolitan City Dae-gu.

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