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(영문) 의정부지방법원고양지원 2015.03.18 2013가합10918
배당이의
Text

1. Regarding the U.S. government court Goyang branch I, J(Joint), K, L, M, N,O, P, Q (Joint Real Estate) compulsory auction cases.

Reasons

1. Basic facts

A. As to each real estate listed in the separate sheet of real estate owned by R (hereinafter “each of the instant real estate”), Defendant G filed an application for provisional seizure of KRW 1.53 million in the claimed amount under the High Government District Court Decision 2012Kadan50459, Jul. 5, 2012; Defendant H received the provisional seizure order on July 5, 2012; Defendant H filed an application for provisional seizure of KRW 1.42 billion in the claimed amount under the High Government District Court Decision 2012Kadan50460, Jun. 4, 2012.

B. The auction procedure (part of the auction procedure is a compulsory auction, and part of the auction is a voluntary auction) was commenced under the Goyang branch court I, J (Joint), K, L, M, M, N, P, Q (Joint Auction) with respect to each real estate of this case.

C. On December 19, 2013, the date of distribution of the above auction procedure, the Plaintiffs demanded distribution of the Plaintiff’s title (the title of the Plaintiff’s title of the R is not known to the parties, and it is not known that the Plaintiff’s title of the enforcement title of theR was not disclosed). The Ui Government District Court’s senior branch made a distribution schedule that distributes KRW 4,681,280,93 of the actual amount to be distributed (hereinafter “instant distribution schedule”) among them, the amount of the Plaintiffs and the Defendants’ claim (the amount of the Plaintiff’s claim is the amount calculated according to the executive title of the R) and the amount of the dividends are as listed below.

The amount of credit distributed to Plaintiff A 1,140,539,729 won 228,603,066 won, Plaintiff B 189,057,534 won 37,893,574 won 37,893,579 won, and Plaintiff C 484,284,283,179 won, 97,066,8663, 422 won 258,510,510 won E 1,146,65,752 won 229,830,930 won, Plaintiff F426,468,492 won 85,478,50,500 won, Defendant G1,531,500 won 287,125,608 won, Defendant H1,236,2036,2037,208 won, and 2580 won.

D. On the date of the above distribution, the Plaintiffs raised an objection to the whole amount of dividends against Defendant G and Defendant H.

[Reasons for Recognition] Unsatisfy, entry in Gap evidence 3, 14, 15 (including branch numbers in case of additional number), the purport of the whole pleadings

2. Whether Defendant GR’s claim exists

A. Defendant G. 1’s assertion by the Parties

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