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(영문) 인천지방법원 2016.06.07 2015가합5824
배당이의의 소
Text

1. Defendant of the distribution schedule prepared on October 16, 2015 by the said court with respect to the case of the voluntary auction of real estate A of the Incheon District Court.

Reasons

1. Basic facts

A. B Pursuant to the title trust agreement with C on October 209, 2009, upon completing the registration of each of the respective shares of D, E, F, G, and H, I, J, K, L, M, N,O, P, and Q in the name of C, and completed the registration of each of the aforesaid shares on March 30, 2010, with respect to each of the above D, E, F, and G ground buildings (the combination of each of the above land and buildings, hereinafter “instant real estate”).

B. C, on November 16, 2010, loaned KRW 1,150,000,000 when concluding a security trust agreement with the Plaintiff on the instant real estate.

C has completed the registration of transfer of ownership in the name of B and R on the same day immediately after the execution of the above loan.

On November 21, 2012, in Seoul Central District Court Decision 201Gahap6361, B and R had cancelled the registration of ownership transfer, and C had the obligation to establish the registration of ownership transfer for the instant land in the name of the Plaintiff with the maximum debt amount of KRW 1,150,00,000 and interest thereon and delay damages.

C. On February 13, 2013, the auction of the instant real estate was commenced to the Incheon District Court A (hereinafter “instant auction”). The Defendants seized the instant real estate based on each Defendant’s claim and requested delivery.

After October 16, 2015, among the amount to be distributed on October 16, 2015, KRW 914,339,09, Defendant National Health Insurance Corporation paid KRW 5,471,184 and KRW 7,485,910 in the order of third priority, Defendant Republic of Korea received KRW 215,893,850 in the order of third priority, and Defendant Bupyeong-gu Incheon Metropolitan City (hereinafter “Defendant Bupyeong-gu”) received KRW 27,63,450 in the order of third priority, and the Plaintiff received KRW 449,089,755 in the order of fifth priority, and raised an objection against the Defendants on the date of distribution. D.

On October 21, 2015, Defendant Republic of Korea granted the remainder of the transfer income tax except for the amount of 392,820 won in arrears with the transfer income tax to the above executing court.

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