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(영문) 수원지방법원 2016.11.24 2016가단501305
배당이의
Text

1. Of the distribution schedule prepared on January 7, 2016, this Court against the Plaintiff, regarding C real estate compulsory auction cases in this Court.

Reasons

1. Basic facts

A. On May 20, 2010, the Plaintiff’s claim against D and its preservative measures, and the final and conclusive judgment made a final and conclusive judgment entered into two contracts on security loans with each of the loans to pay the intermediate payment of the “F apartment No. 310, 802, 310,000 won,” which were sold in lots by E, and on August 3, 2010, D who succeeded to the status of buyer from E, acquired each of the above principal and interest of loans.

However, D paid only interest until January 24, 2012, and thereafter did not pay each of the above principal and interest, thereby losing the benefit of time.

The Plaintiff filed an application against D for provisional attachment of real estate with the claim claim amounting to KRW 175,783,400 against Suwon-gu G Apartment No. 124 802, Suwon-gu, Suwon-gu, Seoul-si (hereinafter referred to as “instant apartment”), which is owned by D, as the Gwangju District Court 2012Kadan7621, and the said court rendered a provisional attachment citing the claim on November 13, 2012.

The Plaintiff filed a lawsuit against D with the Gwangju District Court No. 2012Gadan58628. On February 6, 2013, the said court rendered a favorable judgment against the Plaintiff that “D shall pay to the Plaintiff the amount of KRW 161,040,000 and the interest calculated at the rate of 7.5% per annum from January 25, 2012 to March 24, 2012, and 25% per annum from the next day to the date of full payment.” The said judgment became final and conclusive.

B. Defendant A filed an application against Defendant D for provisional seizure of real estate with the claim amounting to KRW 1.5 million with respect to the apartment of the instant apartment as Goyang-gu District Court 2013Kadan50189, which was the claim amounting to KRW 1,50,000,000, and the said court rendered a provisional seizure ruling citing it on April 17, 2013.

Defendant B filed an application against D for provisional seizure of real estate with the claim amounting to KRW 600 million with respect to the apartment of this case by this Court No. 2015Kadan10594, and this Court rendered a decision of provisional seizure citing the claim on July 2, 2015.

C. The compulsory auction of this case and the distribution of dividends are specialized in the C&C securitization.

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