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(영문) 인천지방법원 2018.12.11 2018가단210446 (1)
배당이의
Text

1. Of the dividend table prepared by the same court on February 21, 2018 regarding F real estate auction cases in the Incheon District Court.

Reasons

1. Basic facts (1) The Plaintiffs, the representative director of the I Co., Ltd. (hereinafter “I”), were determined by the following judgment or payment order against G at that time.

① Plaintiff A: Seoul Southern District Court Order 2016Hu20401 Decided January 13, 2017: “5 million won and 33.2.8 billion won per annum from October 14, 2016 to the service date of the original copy of an order for payment from the date of service of the original copy of the order for payment; “15% per annum from the next day to the date of full payment”; ② Plaintiff B: Incheon District Court Decision 2017Da1140 decided March 8, 2017; “50 million won and the amount of delay payment from January 14, 2017 to the date of full payment; ③ Plaintiff C: the Incheon District Court Order 2017Da27617, May 22, 2017 to the date of full payment; and “15% per annum from the date of full payment of the original copy of the real estate;” “1.7 billion won per annum from the date of full payment of the real estate;” “2.7 billion won per annum”

The reason for its registration is that the Defendant acquired the amount of KRW 190 million out of the loan claims of KRW 415 million against G, which the J (J) held against G, and concluded a contract to establish G and lease on a deposit basis on February 7, 2017 in order to secure the claim for the amount of the loan claims. (3) When the auction procedure was in progress with the Incheon District CourtF, both parties made a demand for distribution. The distribution court, from the amount of KRW 466,145,294, the amount of dividends calculated by deducting the execution cost, etc. on February 21, 2018, distributed the amount of KRW 119,431,640 to the Defendant as the right of lease on a deposit basis. The Plaintiffs raised an objection against the amount of dividends of the above Defendant on the date of distribution and KRW 365,45,640,000,000 as the right of lease on a deposit basis, the entire amount of dividends of KRW 366,585,265

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