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(영문) 대전지방법원 2015.08.17 2014나108070
배당이의
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic Facts

C Housing Association (hereinafter referred to as the “instant association”) constructed E- Apartments with the 12-story above ground level 12 above ground level on the ground of 3305m2, Jung-gu, Daejeon (D 3305m2).

B on June 20, 2008, in order to secure the claim amounting to KRW 900,000,000 against the instant association, on June 20, 2008, the registration of creation of the right to collateral security (hereinafter “instant right to collateral security”) was completed with respect to each real estate listed in the separate sheet (hereinafter “each real estate of this case”). The Plaintiff completed the registration of establishment of the right to collateral security (hereinafter “instant right”) on January 3, 2014 on the ground of the transfer of confirmed claim on January 3, 2014.

As to each real estate of this case, the defendant completed the seizure registration by the Daejeon District Court Daejeon District Court's Daejeon Registry No. 17322 on April 1, 2009, and the Daejeon Metropolitan City completed the seizure registration by the receipt of the same registry office on April 9, 2009.

The Daejeon District Court A started the auction procedure for real estate rent (hereinafter “instant auction procedure”). At the instant auction procedure, the Defendant filed a claim for the issuance of the dividends of KRW 53,508,530 on July 27, 2008, the statutory due date for interim prepayment/pre-determined value-added tax, KRW 27,650,570 on July 23, 2009, the statutory due date for value-added tax of KRW 27,650,570 on July 23, 2009, KRW 5,301,250 on July 1, 2009, KRW 208, KRW 208, KRW 308, KRW 208, KRW 208, KRW 300 on July 1, 2008, the statutory due date for delivery of the said dividends of KRW 208, KRW 9,809, KRW 91,69,60 on December 16, 2007.

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