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(영문) 서울중앙지방법원 2014.10.31 2013가합86354
청구이의
Text

1. As to the case of the voluntary auction of real estate E in this Court, the defendant B among the re-distribution schedule prepared on November 22, 2013 by this Court.

Reasons

1. Basic facts

A. The Plaintiff’s loan claim and provisional seizure 1) The Plaintiff’s auction of real estate E in Seoul Central District Court (hereinafter “instant auction”).

On January 6, 201, 201, prior to the ruling to commence the auction, the Seocho-gu Seoul Central District Court (hereinafter “instant land and buildings”) with the land and its ground buildings in Seocho-gu Seoul Central District Court.

G Co., Ltd. (hereinafter referred to as “G”)

(2) Each share (hereinafter referred to as “instant real property”)

(2) On September 8, 2011, the Plaintiff filed a claim for the return of the loan against G, and completed its enforcement on the same day. (3) On September 8, 2011, the Plaintiff was sentenced to a judgment of 24% per annum from November 1, 2010 to the date of full payment, and the said judgment became final and conclusive around that time.

B. Defendant B’s provisional attachment and demand for distribution as to the instant real estate in order to preserve the claim for reimbursement against G, etc., Defendant B completed the registration of provisional attachment as to the instant real estate in Seoul Central District Court’s registration No. 38420, Jul. 27, 201; and KRW 441,634,000, the claimed amount. (2) On July 27, 2011, Defendant B made a demand for distribution of the principal and interest claim, such as the reimbursement amount, at the instant auction.

3) Defendant B filed an application against G for a payment order with the Seoul Central District Court No. 2012 tea9514 to seek payment of the above claim for reimbursement of the reimbursement amount, etc. The above court ordered payment order according to Defendant B’s application, and the above payment order became final and conclusive on March 20, 2012. C. Defendant C completed provisional attachment registration with respect to the instant real estate in order to preserve the loan claim against G, which was received on January 28, 2011, and KRW 227,00,000,000, in order to preserve the loan claim against G.

2. Defendant C filed a lawsuit against G to the effect that the payment of the above loan claim was sought by the Seoul Central District Court 201Gahap61160.

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