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(영문) 수원지방법원 여주지원 2018.08.23 2018가단2112
배당이의
Text

1. A distribution schedule prepared on April 4, 2018 by the above court with respect to the compulsory auction case B real estate in Suwon District Court W.

Reasons

1. Facts of recognition;

A. The Defendant (the trade name was changed from a company for the daily housing construction to Samsung C, and the name was changed again to the present name) obtained a provisional attachment order with regard to the claim amounting to KRW 11,175,394, the amount claimed under the head of Suwon District Court Decision 2002Kadan2674, Jeoncheon-si, the obligor owned by the Defendant C (hereinafter “instant land 1”) to KRW 11,175,394, the registration was completed.

B. The defendant filed a lawsuit against C with the Seoul Southern District Court 2004Gaso40083 as the principal lawsuit against the above provisional seizure claim, and the above court rendered a judgment on June 8, 2004 that "C shall pay to the defendant 9,175,394 won and interest rate of 20% per annum from May 25, 2004 to the date of full payment" and the above judgment became final and conclusive on July 2, 2004.

C. On April 29, 2011, the Defendant, according to the foregoing final and conclusive judgment, was conducting the auction procedure with respect to the land No. 1, which was subject to compulsory auction decision by the Suwon District Court credit branch E, transferred to the Plaintiff the claim and the claim for litigation costs pursuant to the said final and conclusive judgment against C (hereinafter “instant claim”). On May 4, 2011, the Defendant notified C of the assignment by content-certified mail.

The Plaintiff received an execution clause to succeed to the above final judgment, and received a compulsory decision to commence compulsory auction as to the land No. 1 and F. 14.8 square meters on the F. Dok-si F.C. (hereinafter “the land No. 2”).

E. On the date of distribution on April 4, 2018 of the above auction procedure as to the land Nos. 1 and 2 of this case, the Defendant received dividends of KRW 1,430,454 as the holder of the third-class provisional seizure, and the Plaintiff received dividends of KRW 2,081,839 as the holder of the third-class provisional seizure.

F. The Plaintiff appeared on the date of the foregoing distribution, and raised an objection to the full amount of the Defendant’s dividends, and filed the instant lawsuit on April 4, 2018.

[Evidence: Confession or entry of evidence of No. 1 through 5 and purport of whole pleadings]

2. Determination.

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