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(영문) 수원지방법원평택지원 2012.06.08 2011가단16658
배당이의
Text

1. Of the distribution schedule prepared by this court on August 31, 201 with respect to the distribution procedures D of Suwon District Court Sejong Housing Site D.

Reasons

1. The facts falling under any of the following subparagraphs may be admitted as a whole by combining each entry in Gap evidence 1 to 6, 23, 27, Eul evidence 1, 2, Eul evidence 2, Eul 2, and 5 (including the branch numbers attached with provisional numbers) without dispute between the parties or by integrating the whole purport of the pleadings:

1) The Plaintiff against E is aware of the F daily land and building (“instant real estate”).

(2) On April 10, 2009, E filed a lawsuit seeking the transfer of ownership on the ground of a sale and purchase contract, and filed a lawsuit seeking the transfer of the said real estate (U.S. District Court Sejong District Court Decision 2008Gadan2369) and received a favorable judgment from the court and executed a provisional execution on the transfer of the instant real estate. E was dissatisfied with this (U.S. District Court Decision 2009Na11065, Supreme Court Decision 2010Da7928, Apr. 10, 2009), but the above judgment became final and conclusive as it is. Meanwhile, E filed an application for the suspension of compulsory execution with the Suwon District Court 2009Kaga1651 on June 19, 2009 on deposit of KRW 5,000,000 from the said court (Seoul District Court Decision 2009Da6071, Jun. 19, 2009).

3) In order to recover the instant deposit, E filed a peremptory notice of exercise of rights and a request for cancellation of security with the Suwon District Court 2010Kadam1784, and received a decision to revoke security from the said court on July 28, 2010. (4) The Plaintiff filed an application for the determination of the amount of litigation costs (No. 2010Kadan1099, Suwon District Court 2010), and on October 29, 2010, the Plaintiff decided to determine the amount of litigation costs (the “decision to determine the amount of litigation costs of this case”).

(5) The Plaintiff was entitled to receive the instant litigation cost determination. 5) The Plaintiff’s claim against E based on the determination of the amount of litigation cost of this case, which is KRW 5,000,000, out of the instant litigation cost determination claim.

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