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(영문) 수원지방법원 2015.07.09 2013가단215627
배당이의
Text

1. Defendant among the distribution schedule prepared on July 18, 2013 by the above court with respect to the case of compulsory auction of real estate D by Suwon District Court.

Reasons

1. Basic facts

A. On December 30, 2010, with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”), owned by E, the provisional registration of ownership transfer security was completed as a result of the promise to return substitutes under Defendant B’s name. On January 19, 2012, the provisional registration was cancelled on January 19, 2012, and the provisional registration of ownership transfer claim was completed on January 19, 2012 on the same day under Defendant B’s name (hereinafter “the provisional registration of this case”).

B. Since November 5, 2012, the registration of the decision to commence compulsory auction was completed upon F’s application for a compulsory auction by F, and the registration of provisional attachment of KRW 220,000,000 (hereinafter “instant provisional attachment”) was completed in Defendant C’s name on January 11, 2013.

C. On July 18, 2013, the above auction court determined the amount to be actually distributed as KRW 265,284,063, which is the date of distribution, as KRW 109,535,549 among them, to Samsung Life Insurance Co., Ltd., the first mortgagee, the second mortgagee, as the second mortgagee, distributed the total amount of KRW 78,917,808 among them to Defendant B, the second mortgagee, the second mortgagee, and divided the remainder of KRW 76,830,706, and divided the remainder of KRW 22,575,463 to the Plaintiff, the third mortgagee, the third mortgagee, and KRW 24,85,035,035 to the Defendant, the provisional attachment obligee, and the amount of KRW 29,40,208 to each of them (hereinafter “instant dividend table”).

The Plaintiff appeared on the date of the aforementioned distribution, and raised an objection against the entire dividend amount of the Defendants, and thereafter filed the instant lawsuit around July 25, 2013, which was within one week thereafter.

E. After that, Defendant C filed a lawsuit against Defendant C, a representative director, claiming damages, which is the main lawsuit of the provisional seizure of this case, against Defendant C, and the appellate court (Seoul High Court 2013Na65798) of the said lawsuit (Seoul High Court 2013Na65798), around January 16, 2015, “E and G jointly and severally with Defendant C, with KRW 158,493,410, and its related amount, from October 11, 201 to January 16, 2015, 5% per annum and the next day.

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