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(영문) 부산고등법원(창원) 2014.10.02 2013나3005 (1)
배당이의
Text

1.The judgment of the first instance shall be modified as follows:

The auction of real estate D and E (Dual) real estate in the Changwon District Court D and Jinwon District Court.

Reasons

1. Basic facts

A. On March 10, 2009, Plaintiff A entered into a lease agreement with F building 101 located in G on a fixed basis as KRW 300 million, and 24 months during the lease period between Plaintiff A and F Co., Ltd. on March 10, 2009. On October 20, 2009, each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) in order to secure the right to refund the lease deposit, etc.

2) On July 27, 2009, the provisional attachment order was completed on July 29, 2009, with respect to each of the instant real property of which the maximum debt amount was KRW 300 million, and on May 19, 2010, with respect to each of the instant real property, the registration of the establishment of the establishment of the establishment of the creation of the creation of the creation of the additional maximum debt amount of KRW 200 million was completed. (2) As the payment order was finalized on July 27, 2009, with respect to each of the instant real property as the payment of the construction cost equivalent to KRW 186,30,000 to F, a corporation of which the payment order was finalized on August 22, 2009, with respect to each of the instant real property of which was ordered by the said court to pay KRW 186,300,000,000 and delay damages therefrom, and the said payment order was issued from the court against the heir of the Plaintiff B.

3) Es. Es. Es. Construction (hereinafter “Es. construction”).

On March 19, 2009, with the claim for the construction cost of KRW 500 million as the preserved claim, the Defendant received a provisional attachment order of KRW 2009Kadan9500 on each of the instant real estate from the Changwon District Court, and completed its execution. On June 23, 2011, the above court received an order to pay KRW 500 million and the delayed payment damages therefor from the said court, and the above payment order was finalized on July 9, 201, and EAD Construction sent the above claim for the construction cost to the Defendant on July 15, 201, and notified the Defendant of the transfer of credit to F Company at that time. The above notification reached F Company at that time.

B. The defendant's objection.

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