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(영문) 수원지방법원성남지원 2016.10.13 2015가단10867
배당이의
Text

1. Of the distribution schedule prepared on April 9, 2015 by the said court in the case of the compulsory auction for real estate E with Suwon District Court Sung-nam Branch E.

Reasons

1. Facts of recognition;

A. At the time of the decision on commencing the instant auction, the Defendant Cooperative, F and G’s registration of ownership preservation of apartment in the name of F, and G, newly built “I” apartment on five parcels, both H, Hanam-si, and F and G, a member of the Defendant Cooperative, were the said apartment, 101 Dong 703 (hereinafter “instant apartment”).

On June 15, 2010, the registration of ownership preservation (F15.07/43.78, G28.71/43.78) was completed on June 15, 2010. As to the apartment of this case, the registration of ownership preservation has not been completed up to the present date. 2) The Defendant Union, a real estate provisional attachment registration under the name of the Defendant Union, made the claim amounting to KRW 50,00,000 of the claim for damages against G on October 27, 2008, using the claim amounting to KRW 50,000,000 as part of the apartment site of this case, as part of the apartment site of this case, obtained a decision of provisional attachment of real estate (this Court Decision 2008Da51362, Oct. 28, 2008) and completed the provisional attachment registration on October 28, 2008.

However, the Defendant Union received the above provisional seizure decision with the claim amount of KRW 50,000,000 (total of KRW 250,000,000) against five persons including G. The claim amount of the registration of provisional seizure against the Defendant G’s shares was written in KRW 250,000,000, not KRW 50,000.

3) The Plaintiffs registered apartment provisional seizure in the names of the Plaintiffs are the notarial deeds of promissory notes No. 2344, 2009 (hereinafter “notarial deeds of this case”) issued by the Defendant Union as one of the law firms by the notary public against

Based on the claim attachment and assignment order (this Court Order No. 2009, No. 11515, hereinafter referred to as "the first assignment order") concerning the claim of 26,170,000 won for the share of the association members against F of the Defendant Union on November 30, 209

The above order was finalized around that time. After that time, on June 30, 2010, the Plaintiffs received a decision on provisional seizure of real estate (this Court Decision 2010Kadan50781), and completed provisional seizure registration on July 1, 2010, with respect to F’s share of F’s share of the claim amount (Plaintiff A and C: KRW 8,723,33, Plaintiff B: KRW 8,723,34).

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