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(영문) 인천지방법원 2016.10.13 2016구합51386
배분처분 취소청구
Text

1. The Defendant limited to B and C in the procedure of public auction on the real estate listed in the attached Table 1 List on December 23, 2015.

Reasons

1. Details of the disposition;

A. The Defendant: (a) received a request from the office of Nam-gu Incheon Metropolitan City for the public sale of real estate listed in the attached Table 1 (hereinafter “instant real estate”); (b) [Attachment 1-1-4] and [Attachment 5] as an agent for the public sale of the instant building; and (c) commenced the public sale procedure (hereinafter “instant public sale procedure”) from the office of Nam-gu Incheon Metropolitan City (hereinafter “instant real estate”).

B. The Defendant prepared a distribution statement of KRW 43,215,00 out of KRW 975,215,320, which remains after deducting KRW 29,654,880 from KRW 1,004,870,870,200, which is the amount to be distributed by adding deposit interest to the sales amount of the instant real estate, and KRW 132,05,635,604, which remains after deducting KRW 29,654,880,00, from KRW 975,215,320, and KRW 644,635,60, to E (Order 2: the mortgagee of the instant building), 132,056,181, to two C Co., Ltd. and World Yangyang Co., Ltd. (Class 3: the mortgagee of the instant building), to distribute each of the distribution statement to B, and set the distribution date on December 23, 2015.

C. From the above distribution date, the Plaintiff raised an objection to the original distribution statement with respect to B and C on the ground that B and C did not fall under the distribution object by requesting the distribution of distribution to a general creditor after the closing date of the distribution request, but the Defendant distributed the proceeds of the public sale as stated above (hereinafter “instant disposition”).

[Grounds for recognition] Facts without dispute, Gap 1-1-3, Eul 2-1-2, the purport of the whole pleadings

2. Judgment on the main defense of this case

A. The Defendant’s main purport of the main defense is to recognize the Defendant’s obligation to B and C, but the Plaintiff filed the instant lawsuit by asserting the distribution order and procedural defect. Even if the instant disposition is revoked, the Plaintiff may receive distribution.

Since the plaintiff's obligation is not reduced or decreased, there is no legal interest.

B. The facts of recognition [registration as to the building] ① F and G respectively 1/2.

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