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(영문) 인천지방법원 2017.04.27 2016구합364
배분처분취소
Text

1. The Defendant limited to the Defendant’s Intervenor in the process of public sale on January 5, 2016, Seo-gu Incheon, Seo-gu, Incheon, with respect to the size of 858 square meters.

Reasons

1. Details of the disposition;

A. The Defendant, from the Defendant’s Intervenor’s Intervenor, commenced the public auction procedure via E (hereinafter “instant public auction procedure”) by receiving a request from the Defendant for vicarious execution of the public auction procedure due to the default of KRW 107,089,050 (including additional charges) of the property tax (land) of the property tax (including the land) of the Seo-gu Incheon Special Metropolitan City B, 858,88 square meters (hereinafter “instant real estate”) owned by the Defendant’s Intervenor Co., Ltd. (hereinafter “C”).

B. The instant real estate was subject to a replotting disposition (hereinafter “instant replotting disposition”) under the Incheon Urban Planning (F District Land Readjustment Project, Decision and Public Notice of Incheon Metropolitan City on June 12, 1998, authorization for project implementation on January 29, 2001, public Notice of Incheon Metropolitan City H on March 31, 201, public Notice of Incheon Metropolitan City General Construction Headquarters I notice of replotting disposition on March 31, 201). The Defendant’s supplementary intervenor seized the instant real estate on December 12, 2014 based on the land substitution settlement money and additional charges against C, and on December 11, 2015, the Defendant filed a claim against the Defendant for a replotting liquidation amount of KRW 2,373,041,00,000, additional charges KRW 1,000,000, KRW 373,053,470.

C. Meanwhile, in the instant public sale procedure, the Plaintiff applied for the allocation of KRW 903,568,703 to the creditor of the Plaintiff. On January 5, 2016, the Defendant opened a distribution date and distributed KRW 430,384,890 to the Defendant’s Intervenor, the Fisheries Cooperative Federation, and the Plaintiff, within the scope of the said claim amount, on the ground that the Plaintiff completed the provisional attachment registration with the claim amounting to KRW 824,896,490 on February 23, 2015, which was after the end of the distribution period, on the ground that the Plaintiff had completed the provisional attachment registration with the claim amounting to KRW 824,896,490, which was after the end of the distribution period

(hereinafter referred to as “instant allocation disposition”). Detailed allocation details are as shown in the attached Form.

[Ground of recognition] Facts without dispute, Gap 1-4 statements, significant facts in this court, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Summary of the Plaintiff’s assertion (1)

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