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(영문) 수원지방법원 2018.11.01 2017나84235
배당이의
Text

1. Revocation of the first instance judgment.

2. As to the case of compulsory auction on B real estate, the above court shall have jurisdiction over the compulsory auction on November 2016.

Reasons

1. Facts of recognition;

A. Plaintiff’s claim details 1) filed a lawsuit against Suwon District Court No. 201Gadan89176, Sept. 27, 2012, the said court rendered a judgment that “C shall pay to the Plaintiff the amount calculated at the rate of 20% per annum from August 22, 2012 to the date of full payment, and the amount calculated at the rate of KRW 1,042,260 per annum from August 1, 2012 to the date of completion of removal of the building and delivery of the land,” and the above judgment became final and conclusive on October 23, 2012, the Plaintiff applied for the determination of litigation costs against Suwon District Court No. 2012 confirmation No. 10777, Oct. 23, 2012; the said court determined that “C shall pay to the Plaintiff the amount of KRW 20381, Feb. 26, 2013,” and the said judgment was final and conclusive to the Plaintiff.

B. Plaintiff’s objection 1) The Plaintiff filed an application with Suwon District Court for the commencement of compulsory auction against shares in the attached list of real estate owned by Suwon District Court B and each building (hereinafter “instant shares” and “each building of this case”). On September 16, 2013, the said court rendered a decision to commence compulsory auction (hereinafter “instant auction”) on September 16, 2013. (2) In the instant auction procedure, the Plaintiff reported the amount of the instant claim as KRW 67,974,559 on October 20, 2016, on November 4, 2016, the Plaintiff reported the amount of the claim as KRW 92,854,082 (the amount of the claim was KRW 20,122,216 KRW 16,9136,686,5782,700,707 KRW 207,5786,707,7870,7670,7207,70707 won, etc.).

3. The court set the type of demand for distribution of the auction of this case on June 12, 2015, respectively, and the defendant set the same as the above court on July 22, 2015, Nov. 14, 2016, and Nov. 17, 2016.

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