logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.09.07 2016가단249938
배당이의
Text

1. Of the dividend list prepared on November 11, 2016 by the above court with respect to the case of compulsory auction against A real estate by the Incheon District Court A.

Reasons

1. As to the cause of claim

A. 1) The Plaintiff filed a provisional attachment against B with the Incheon District Court 2012Kahap1208, the claim amounting to KRW 120,000,000,000 for the provisional attachment against B as to the 111th floor of the building C in Bupyeong-gu Incheon owned by B (hereinafter “instant building”). On July 23, 2012, upon receipt of the provisional attachment order from the above court, the provisional attachment registration was completed on the same day. 2) The Defendant filed an application against B for provisional attachment against B with the Seoul Central District Court 2012Kadan3285, the claim amounting to KRW 169,957,940, the provisional attachment registration was completed on the same day.

The defendant filed a lawsuit against B and three others with Seoul Central District Court 2012Gahap108073, and was sentenced to a judgment dismissing the defendant's claim against B on December 20, 2013.

On January 22, 2015, the Defendant appealed, but was sentenced to the Seoul High Court to dismiss the appeal.

On June 11, 2015, the defendant appealed, but was sentenced by the Supreme Court to dismiss the appeal.

3) The Plaintiff applied for a compulsory auction on the instant building to the Incheon District Court A while implementing the said provisional seizure as the main seizure. On December 23, 2015, the Plaintiff obtained a decision to commence the auction from the above court, and on March 14, 2016, the fixed period for demand for distribution was designated as March 14, 2016. (4) The Defendant made a demand for distribution to the above auction court as the claim for collection of KRW 243,73,148 against B on March 14, 2016, and the Defendant made a demand for distribution to the above auction court. The Seoul Central District Court filed an application for provisional seizure with KRW 243,73,148 of the claimed amount as the Seoul Central District Court 2016Kadan435, which was KRW 243,73,148, the provisional seizure was completed on March 21, 2016.

5) On November 11, 2016, Incheon District Court KRW 22,971,624 (the amount of claims) to the defendant who is the person holding the provisional seizure on the date of distribution under the above auction procedure.

arrow