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(영문) 의정부지방법원 2017.08.30 2017나202099
배당이의
Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant filed an application for provisional attachment with respect to the land owned by Kubu District Court Decision 2006Kahap349 on April 13, 2006, as to the two parcels of land in Yangju-si as the receipt number 32718 on April 21, 2006, with respect to the two parcels of land in Yangju-si as the receipt number 36166 of the receipt number on April 21, 2006, the registration of provisional attachment was completed with respect to the two parcels of land in Yangju-si as to the land in Yangju-si as to the above two parcels of land in Yangju-si as to the above land in the receipt number 36166 of the receipt number on April 21, 206.

B. The Plaintiff applied for provisional attachment on the instant real estate as Seoul Central District Court 2014Kadan800801, and on February 7, 2014, the provisional attachment registration was completed on the same day after receiving a decision of provisional attachment from the above court.

On February 3, 2014, the Plaintiff received a payment order ordering payment of KRW 74,296,889 and its delay damages from the above court in Seoul Central District Court Decision 2014 tea28140, the Plaintiff against C, and the said payment order was finalized on March 25, 2014.

C. On July 1, 2015, the Plaintiff filed an application for the commencement of compulsory auction with respect to the instant real estate under the Goyang-gu District Court Goyang Branch B, and received a decision to commence a compulsory auction from the above court.

(hereinafter “instant auction procedure”). D.

On May 10, 2016, Goyang Branch: (a) opened the date of distribution of the instant auction procedure; (b) 35,167,453 won to be actually distributed; (c) 50,720 won to the State of the holder of the right of delivery; (d) 4,110 won to the State of the holder of the right of delivery; and (d) 58,290 won to the Government of the holder of the right of delivery; and (d) 16,893,99 won to the Defendant of the holder of the right of provisional attachment; and (e) 13,748,34 won to be distributed to the Plaintiff of the applicant creditor (hereinafter “instant distribution schedule”).

E. The plaintiff appeared on the date of the above distribution and raised an objection against the total amount of dividends to the defendant, but the defendant is on the date of the above distribution.

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