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(영문) 울산지방법원 2017.05.17 2016가단62070
배당이의
Text

1. A distribution schedule prepared on August 11, 2016 by this Court with respect to cases of application for compulsory auction of real estate B or C (Dual) in this Court.

Reasons

1. The content of the distribution schedule 0: D apartment 202 and 1204 (hereinafter “the apartment of this case”) prepared by the court: In the case of a compulsory auction application for real estate B, C (Dual) real estate in Yangsan-si, D apartment 202 and 1204 (hereinafter “the apartment of this case”): In the case of a compulsory auction application for real estate B, C (Dual) real estate, conducted by the plaintiff on August 11, 2016, this court shall be 202,100 won, 71,689,111 won, 78,958 won, 14,017 won, and 14,017 won, remaining amount, 50,240,093 won, which were distributed to the plaintiff on August 11, 2016, the plaintiff shall appear in the first order to make a statement on the distribution schedule as to each of the above dividends to the plaintiff.

2. The gist of the Plaintiff’s assertion: F and E’s promise to sell and purchase claims against the most creditors to the Defendant 0, which assigned to the Defendant against the most creditors, are a false contract with no substance and invalid as a false declaration of conspiracy.

0 Provisional registration in the name of F is null and void to the extent that it goes against the validity of provisional seizure in the name of the plaintiff, so it shall be distributed in proportion to the amount of the plaintiff's provisional seizure claim.

3. Determination: The premise for partial recognition: (a) the following registration has been made in succession with respect to the instant apartment owned by E; (b) the provisional attachment/request amount under the name of the bankrupt Youngnam Savings Bank Co., Ltd. on February 10, 201 (Seoul District Court 201Kadan978); (c) the provisional registration/registration of the right to claim ownership transfer under the name of F on May 9, 2012: The provisional registration/registration of the right to claim ownership transfer on May 9, 2012 (hereinafter referred to as “the provisional registration of this case”) ③ the registration of the right to forced sale of the Plaintiff (hereinafter referred to as “auction 1”) on February 11, 2015 (hereinafter referred to as “instant auction”); and (d) the registration of the decision to commence compulsory sale under the name of the Plaintiff (hereinafter referred to as “auction 2”) on June 18, 2015 (hereinafter referred to as the “registration of the decision to commence compulsory sale on June 25, 2015, 2015.

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