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(영문) 수원지방법원 2016.07.21 2016가단501060
배당이의
Text

1. As to the case of compulsory auction against B real estate in this Court, this Court is against the defendant among the distribution schedule prepared on January 7, 2016.

Reasons

1. Basic facts

A. The Plaintiff holds a claim KRW 177,937,620 against C, and filed an application for a compulsory auction (hereinafter referred to as “instant compulsory auction”) with respect to Category B real estate (hereinafter referred to as “instant real estate”) of this Court as to the D Building Nos. 124, 802, Suwon-gu, Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si, which is owned by C, and this Court rendered a decision to commence the compulsory auction on May 29, 2015.

B. The Defendant filed a claim against C for a loan amounting to KRW 600 million, and filed an application for a payment order under this Court No. 2015j334, Nov. 7, 2015, which did not object to the above payment order, and the above payment order was finalized on November 7, 2015, and as a person holding a provisional attachment, filed a report on the right and a demand for distribution in the procedure

C. On January 7, 2016, the instant court prepared a distribution schedule with a content that distributes KRW 129,447,852 to the Defendant as an applicant creditor, and KRW 38,389,405 to the Plaintiff as an applicant creditor, among the distribution schedule prepared on the date of distribution of the procedure for compulsory auction of this case.

The Plaintiff raised an objection to the total amount of dividends to the Defendant, and filed the instant lawsuit with this court within seven days thereafter. D.

However, the defendant renounced the above claim against C, and there was no claim against C at the time of the date of distribution of the procedure for compulsory auction of this case.

E. On January 22, 2016, when the lawsuit of this case was pending, the Plaintiff transferred the Plaintiff’s entire rights and obligations to the Intervenor succeeding to the Plaintiff, including transfer of KRW 96,075,459, as the Plaintiff’s claim against C, to the Intervenor succeeding to the Plaintiff. On January 25, 2016, the Plaintiff notified the Plaintiff of the fact to C, and on April 4, 2016, notified the fact to the Republic of Korea (the deposit officer of this court).

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-7, the purport of the whole pleadings

2. As to the Plaintiff’s assertion of the cause of claim for correction of the Plaintiff’s distribution schedule as to the Plaintiff’s claim, it is based on the foregoing facts of recognition, and the Plaintiff is pending in the instant lawsuit.

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