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(영문) 광주지방법원 2016.03.23 2014가단513044
배당이의
Text

1. Of the distribution schedule prepared by the said court on May 12, 2014 in the case of a compulsory auction by official auction of real estate in Gwangju District Court D and E (Dual).

Reasons

1. Facts of premise;

A. The Plaintiff holds 450,000,000 won for F around 2012 and interest thereon or damages for delay.

B. The F-owned Gwangju Seo-gu G land and building (hereinafter “instant real estate”) rendered a judgment of compulsory commencement of real estate auction to the Gwangju District Court E. Based on the original judgment rendered by the Gwangju District Court Decision 2012Da8555 Decided May 10, 2012, the Plaintiff filed an application for compulsory sale of the instant real estate and filed an application for compulsory sale of the instant real estate with the Gwangju District Court D on the grounds that the decision of compulsory commencement of auction was in duplicate, and H received a decision of compulsory sale permission on April 4, 2014, and paid the price.

C. In the instant auction procedure, Defendant B submitted the No. 2247, 2012 No. 121,00,000 as a claim claim amounting to KRW 121,00,000. Defendant C submitted notarial deeds No. 8787, 175,000 as a claim amount, and Defendant C made a demand for distribution with the claim amounting to KRW 175,00,000 as a claim amount.

On May 12, 2014, the auction court prepared a distribution schedule to distribute the remaining amount of KRW 52,981,977 to Seo-gu, Seoul Metropolitan City, etc., and the remaining amount of KRW 17,970,837 to distribute each of the following dividends in the amount calculated by deducting KRW 1,925,420, which is the expense for enforcement, from the aggregate of KRW 54,907,397, and interest for delay, etc. of each of the instant real estate:

C B

E. On the aforementioned date of distribution, the Plaintiff stated an objection against the Defendants’ dividends, and the Plaintiff filed the instant lawsuit on May 14, 2014.

[Ground of Recognition] Unsatisfy, Gap evidence 1 to 4, Eul evidence 1

2. Determination as to the claim against the defendant B

A. Defendant B’s decision in lieu of the conciliation on June 26, 2006 as to the claim for cancellation of the right to collateral security (right to collateral security) rendered by the Gwangju District Court 2005Kadan88324 in around 2006, 8,000,000 won.

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