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(영문) 수원지방법원평택지원 2017.12.20 2017가합8991
배당이의
Text

1. Defendant B among the distribution schedule prepared on April 20, 2017 with respect to the auction of D real estate in this Court.

Reasons

I. Determination as to claims against Defendant C, C, C, or C, or C, as to fisheries

1. The plaintiff to indicate the claim is the debtor and the owner of Suwon District Court D's auction of real estate rent D's housing site in Suwon District Court.

In the above case, the distribution schedule was drawn up to distribute 100,564,543 won to Defendant C and 55,310,503 won to Defendant C or Alley Fishery Co., Ltd.

Defendant C has not submitted a demand for distribution and a claim statement by June 10, 2015, which is the date of the completion period to demand a distribution.

The decision of provisional seizure of real estate in Suwon District Court 2014Kadan456, which is the basis for the dividend, was revoked by the decision of cancellation of provisional seizure in this Court 2017Kadan116.

The defendant Alley-in corporation did not submit a demand for distribution and a claim statement by June 10, 2015, which is the date of the completion period to demand a distribution.

In addition, the Seoul Eastern District Court 2014Kadan3994 ruling on the provisional seizure of real estate, which served as the basis of the dividend, is a statement of cancellation because the defendant did not comply with the order to file a suit issued by the same court.

Therefore, since each dividend against the Defendants is unfair, the amount of dividend should be deleted.

2. The Plaintiff and Boan Construction Co., Ltd. (hereinafter “Defendant”) holding the basis for determining the claim against Defendant B (hereinafter “Defendant”) on the confession of applicable provisions of law (Article 208(3)2, the main text of Article 150(3) and the main text of Article 150(1) of the Civil Procedure Act) and the Plaintiff and Boan Construction Co., Ltd., Ltd., which owned land related to the auction of Boan Construction (hereinafter “Ean Construction”) owned Fasi E (hereinafter “Eri”) 562 square meters of forest land, 647/650 square meters of forest land, G 650 square meters of forest land, 486/569 square meters of forest land, 73 square meters of forest land, 38/733 square meters of forest land, and 26/855 square meters of forest land as of May 7, 2012.

As of May 7, 2012, the Plaintiff and K have owned each of 13/1300 square meters of G forest 650 square meters, each of 83/1138 square meters of H forest 569 square meters, each of 695/146 square meters of I forest 73 square meters, and each of 695/1390 square meters of I forest 73 square meters of forest 733 square meters.

The construction of the foundation of the right to collateral security against the defendant of Boh Construction was done on 2012.

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