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(영문) 부산지방법원 2019.05.16 2018가단300094
배당이의
Text

1. The distribution schedule prepared on December 27, 2017 by the above court with respect to the Busan District Court D's D's auction of real estate.

Reasons

1. Basic facts

A. (1) The Plaintiff’s claim against the Deceased 1) E Limited Company is a net F (hereinafter “the deceased”) around September 2012, 2012.

(2) On September 24, 2012, the deceased filed an application for the payment order with the Seoul Central District Court No. 2010,163544, and on September 24, 2012, the Plaintiff received a payment order with G Co., Ltd., jointly and severally with E Co., Ltd., for the payment of KRW 333,806,796 and for the delayed payment of KRW 9,000,000 among them, and the said payment order became final and conclusive on December 4, 2012.2) On March 3, 2017, the Plaintiff, as the successor of E Co., Ltd, the creditor of the instant payment order, was granted a succession execution clause to H, I, J, and K, the deceased’s heir.

B. (1) On April 10, 2013, the Defendant’s spouse was divorced.

2) Each of the real estates listed in the separate sheet owned by the deceased (hereinafter “each of the real estates of this case”).

(2) On December 22, 2008, the Busan District Court completed the registration of establishment of a neighboring mortgage (hereinafter “registration of establishment of a neighboring mortgage of this case”) under the Act No. 24779, which is the maximum amount of the claim, KRW 200,000,000,000,000,000 won.

(2) On September 1, 2016, the Defendant completed the registration of transfer of the establishment of a neighboring mortgage on the ground of the transfer of the finalized claim.

C. On July 27, 2016, the deceased died and succeeded to the deceased on July 27, 2016. The deceased’s heir including H, I, J, and K inherited the deceased. On November 17, 2016, the heir including H was adjudicated to accept a qualified acceptance report under the Changwon District Court Decision 2016Ra10139, Nov. 17, 2016. (2) The heir including H filed a petition for bankruptcy against the deceased’s inherited property, and was declared bankrupt on May 30, 2017 by the Changwon District Court 2017Hadan1010.

On October 19, 2016, M&A, a creditor of the deceased who raised an objection to the distribution of this case, filed an application for voluntary auction on each of the instant real estate with the Busan District Court D, and on May 31, 2017, filed an application for voluntary auction on the inherited property of the deceased.

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