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(영문) 수원지방법원안양지원 2016.06.02 2015가합101868
배당이의
Text

1. The distribution schedule prepared on May 7, 2015 by the competent court with respect to the distribution procedure case of the Suwon District Court's Ansan Branch.

Reasons

1. Basic facts

A. On December 19, 2014, the Plaintiffs: (a) as Jeju District Court Decision 2014Kahap1094, the Plaintiffs filed a claim for partial injunction against settlement of accounts against the debtor, S&T, and U; and (b) obtained a provisional attachment order (hereinafter referred to as “instant provisional attachment order”) with respect to each of the instant collateral security claims (hereinafter referred to as “instant collateral security claims”) with regard to the collective security claims against the debtor, i.e., collective security claims against V, owned by the third debtor, with respect to the third debtor, 4,891 square meters; (c) the accommodation facilities of the instant X building in Seopopopo City, X-si; and (d) the establishment of the instant provisional attachment order against the third debtor, i.e., e., the ZA AA building, 1-2 01, and 111 real estate, owned by the ZA building, on which the said claims were served on V on December 24, 2014.

Of them, the amount of the plaintiffs' claims against S is KRW 227,01,761 in total of the amounts stated in the “amount of provisional seizure” column in attached Table 2 attached hereto.

B. On April 18, 2013, at the request of the National Agricultural Cooperative Federation, which is a prior mortgagee, the Defendant’s seizure and assignment order regarding S’s right to claim dividend withdrawal (1) the voluntary auction procedure as to the real estate 21 items, including real estate in V andY owned by the Jeju District Court on April 18, 2013 (hereinafter “instant auction procedure”).

A) On December 11, 2014, the highest bidder paid the price and acquired ownership of the said real estate. 2) On November 12, 2014, S issued one promissory note with a face value of KRW 527 million (hereinafter “instant Promissory Notes”) to the Defendant (hereinafter “instant Promissory Notes”), and around early January 2015, a notary public issued a notarized deed to the Defendant under AC Joint Law Office No. 55, 2015.

(2) On January 26, 2015, the Defendant, based on the instant notarial deed, issued a claim amounting to KRW 527 million with the Suwon District Court Annyang Branch 2015TT620 on January 26, 2015 (hereinafter “instant notarial deed”).

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