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(영문) 제주지방법원 2016.10.14 2016가단51025
배당이의
Text

1. Of the distribution schedule prepared on January 29, 2016 by the same court with respect to the F real estate auction case in the Jeju District Court.

Reasons

Basic Facts

A. On November 30, 2001, the Plaintiff filed a lawsuit against G with Seoul District Court 2001Da23150, and received the judgment of winning the Plaintiff on November 30, 2001. On November 1, 2011, the Seoul Central District Court 201Da259625, the Plaintiff issued a judgment that “G shall pay to the Plaintiff 143,292,325 won, and 90,000,000 won with 19% per annum from August 23, 1999 to November 1, 2001, and 25% per annum from the next day to the date of full payment.”

B. In addition, on September 20, 2003, the Plaintiff completed the provisional attachment registration in accordance with the Seoul District Court Decision 2003Kadan195758 on September 20, 2003 as to the 1/2 shares (hereinafter “instant real estate”) out of H’s 1,660 square meters prior to H in Jeju-si, Jeju-si, as to the claim amounting to KRW 90,00,000.

C. On October 4, 1996, the deceased I entered into a contract to establish a right to collateral security (hereinafter “mortgage of this case”) with G and the real estate of this case, with the maximum debt amount of KRW 100,000,000, and with G of the debtor, and for the same month.

8. Upon completion of the registration of creation of a neighboring mortgage on the instant real estate, the deceased on June 30, 2014, and the Defendants were the inheritor as the inheritor.

On November 8, 2010, the bankrupt comprehensive financial company attached the instant collateral security claim to Jeju District Court No. 67906, which was received on November 8, 2010, and the KAW Co., Ltd seized the instant collateral security claim to the Defendant on February 9, 2015 as the receipt No. 14540.

E. Meanwhile, as to the instant real estate, A&C Co., Ltd. requested a voluntary auction on March 23, 2015 and received a voluntary decision to commence auction from the Jeju District Court F on March 23, 2015. In the instant case, the court of execution prepared a distribution schedule stating that the Defendants distribute KRW 122,338,640 to the actual amount to be distributed on January 29, 2016 (hereinafter “instant distribution schedule”), and the Plaintiff did not receive dividends in the instant case.

The plaintiff on January 29, 2016.

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