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(영문) 제주지방법원 2019.05.16 2018가단55694
배당이의
Text

1. The defendant is among the distribution schedule prepared by the Jeju District Court on May 4, 2018 with respect to the case of a compulsory auction by official auction by official the said Court.

Reasons

1. Facts of recognition;

A. On September 22, 2011, the Plaintiff filed a claim for reimbursement against K with the Seoul Central District Court Decision 201Gaso1405364, and rendered a judgment that “K shall pay to the Plaintiff 38,517,770 won and 11,00,000 won among them at the rate of 15% per annum from November 1, 201 to the date of complete payment.” The above judgment became final and conclusive on October 28 of the same year.

B. On June 15, 1998, Defendant B’s association (formerly, L Cooperatives) attached a provisional attachment of 314 square meters (hereinafter “real estate subject to auction of this case”) prior to the Jeju-si owned by K on June 15, 1998.

(The provisional seizure of this case hereinafter referred to as the "provisional seizure of this case"). (The Jeju District Court 98Kadan8628, hereinafter referred to as the "the above provisional seizure

J on August 18, 1998, the real estate of this case was provisionally seized.

(J on January 1, 2004, upon death of Defendant D, E, F, G, and H, succeeded to the property of J. D.

The Defendants did not have filed a lawsuit on the merits until ten years have passed since the provisional seizure was registered.

E. The plaintiff A.

The judgment stated in paragraph (1) as an executive title, participated in the Jeju District Court I Real Estate Compulsory Auction case (hereinafter referred to as the “auction of this case”) and demanded the distribution of KRW 50,637,359,000,000 from the date of distribution on May 4, 2018. However, the defendant B received dividends of KRW 9,218,109,000,000 from the date of distribution, and the defendant B received dividends of KRW 5,462,25 and the J received dividends of KRW 785,39 as a provisional seizure authority.

F. On May 10, 2018, the Plaintiff participated in the date of distribution and raised an objection to the same purport as Paragraph (1) of the Disposition.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 11 (including provisional number), and the purport of the whole pleadings

2. According to Article 706 of the Civil Procedure Act, which was in force at the time of provisional seizure by the Defendants, when the Defendants did not file a lawsuit on the merits of ten years after the execution of provisional seizure, the interested parties may apply for the revocation of provisional seizure.

In such cases, the Plaintiff may raise an objection against the person holding the provisional seizure, such as the Disposition No. 1.

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