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(영문) 대구지방법원 2017.11.17 2017가단16157
배당이의
Text

1. Of the distribution schedule prepared on June 22, 2017 by the said court with respect to A real estate compulsory auction cases.

Reasons

1. Facts of recognition;

A. On September 17, 2008, the Plaintiff engaged in non-life insurance business, and concluded each insurance contract with C and D by setting the insurance period from September 19, 2009 to September 18, 2010; the insured amount as KRW 130 million; and the joint and several guarantors as C and D.

B. On August 6, 2009, the Plaintiff: (a) paid KRW 112,294,601 insurance money to the Young Life Insurance Co., Ltd. which is the insured; and (b) filed a lawsuit seeking the payment of indemnity (Seoul Central District Court 2014Gadan8480) against Company B and C, which is a joint guarantor, and was sentenced to a favorable judgment on August 27, 2014; and (c) the above judgment became final and conclusive thereafter.

C. On January 20, 2016, the Plaintiff rendered a judgment on the indemnity amount as executive title, and applied for a compulsory auction to the Daegu District Court A on the real estate listed in the separate sheet (hereinafter “instant real estate”) on January 20, 2016, and received a decision on commencement of auction. The decision on commencement of auction was completed on January 21, 2016.

On the other hand, the Defendant applied for provisional seizure of real estate by Busan District Court 2009Kadan5103 with respect to the instant real estate as the preserved right, and received the provisional seizure on March 11, 2009 (hereinafter “the provisional seizure order of this case”), and the provisional seizure registration was completed on March 12, 2009.

E. On May 24, 2017, the instant real estate was sold. On June 22, 2017, the said auction court held that 501,900 won out of 140,851,482 won, to be actually distributed on the date of distribution on June 22, 2017, should first be granted to the Daegu-gu Seoul Metropolitan City, Daegu-gu, which has the right to issue a right to issue, secondly, the amount of KRW 72,80,00 to the Daegu-dong Saemaul Depository, which has the right to issue a collateral security, thirdly, the amount of KRW 139,550 to the Daegu-gu, Daegu-gu, Seoul Metropolitan City, which has the right to issue the right to issue, secondly, the National Health Insurance Corporation, third1,36,919 won to the Plaintiff, third,3,73,916 won to the Plaintiff, and the provisional attachment authority, fourth, 15,45,636.

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