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(영문) 대전지방법원홍성지원 2019.07.16 2018가단5478
배당이의
Text

1. The Daejeon District Court shall prepare on July 25, 2018 for a case of application for compulsory auction of real estate E with respect to the compulsory auction of real estate.

Reasons

1. Basic facts

A. F’s claim 1) F’s claim against G on December 8, 2015, the amounting to KRW 50 million for the loan to G is KRW 50,000,000 as the claim amount, Daejeon District Court Hongsung Branch 2015Kadan818, G-si H apartment I (hereinafter “instant real estate”).

A) On December 15, 2015, the above court made a decision to accept the above application, and on the same day, the provisional seizure period registration was completed. 2) On January 14, 2016, F drafted a promissory note No. 23 in the notary public J office belonging to G and Suwon District Prosecutors’ Office as to the loans stated in the above paragraph (a) at the notary public J. 23, 2016.

B. On November 23, 2017, as a creditor to G, theO applied for a compulsory auction of the instant real estate to Daejeon District Court on November 23, 2017. On November 30, 2017, the decision to commence compulsory auction was rendered on November 30, 2017. The instant real estate was sold to L Co., Ltd. on June 26, 2018. (2) On July 2, 2018, F transferred the Plaintiff a loan of KRW 50 million to G, and notified G of the said assignment of the said credit on the same day to G and received notification of the said assignment of credit on July 4, 2018.

3) On July 4, 2018, the Plaintiff submitted an application for a change of right holder, a statement of claim, and a demand for distribution to the auction court. 4) On July 25, 2018, the auction court prepared a distribution schedule for the Plaintiff, a person holding a provisional attachment, with the first priority of KRW 52,324,703, the amount to be actually distributed, excluding the execution expenses, on the date of distribution on the date of distribution, to Defendant C, who is a mortgagee, with the second priority of KRW 20 million (10%) and KRW 3,901,650 (10%) in the Maritime Tax Office of the person holding a provisional attachment, and the second priority of the remaining amount, to D, with the third,329,219, and KRW 10,892,314, and KRW 2,304,823, and KRW 1189,697, Jul. 39, 2017.

(hereinafter “instant distribution schedule”). 5 The Plaintiff appears on the above distribution date and raised an objection against the entire amount of dividends to the Defendants and M Asset Management Company.

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