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(영문) 제주지방법원 2014.10.17 2014가단10648
청구이의
Text

1. The defendant's order for payment of loans against the non-party C is based on the original order for payment of loans in the Jeju District Court 2013 tea1499.

Reasons

1. Basic facts

A. On November 17, 2005, the Plaintiff applied for a payment order against Nonparty C as Jeju District Court Decision 2005 tea5822 and received a payment order stating that “C shall pay to the Plaintiff 52,940,000 won and the amount calculated at the rate of 5% per annum from July 21, 2004 to the date of delivery of the original copy of the instant payment order, and 20% per annum from the next day to the date of complete payment,” and the above payment order was finalized around that time.

B. On April 5, 2013, the Plaintiff filed an application for compulsory auction of real estate with the Jeju District Court E with respect to the size of 276 square meters, which is the only property of the said C, Jeju-si, Jeju-si, which is the title of execution of the said payment order.

C. On June 12, 2013, the Defendant filed a payment order with the Jeju District Court No. 2013 tea1499 and received a payment order stating that “C shall pay to the Defendant the amount of KRW 99,00,000 and the amount calculated at the rate of 25% per annum from October 1, 2004 to the date of full payment” from the above court. The above payment order was finalized around that time.

On June 14, 2013, the Defendant filed an application for provisional seizure of real estate owned by C with the claim amount for the above loan claim, and received the decision of provisional seizure of real estate by Jeju District Court 2013Kadan1449 on June 14, 2013. On June 14, 2013, the Defendant filed an application for the report of rights and demand for distribution of KRW 313,680,821 at the executing court of the above auction procedure.

E. Meanwhile, in the above auction procedure, the executing court deducted the execution expenses from the date of distribution on October 4, 2013, and distributes 559,130 won to the first-order country (the Jeju Tax Office) among KRW 70,753,455, and the first-order country (the Jeju Tax Office) to distribute 117,610 won, respectively, and the remaining KRW 70,076,715 to the Plaintiff, and the remaining KRW 21,418,446, which is 15.51% of the amount of demand for distribution (the KRW 138,076,338) divided to the Plaintiff and the Defendant, and KRW 48,658,269, which is 15.51% of the amount of demand for distribution (the KRW 313,680,821) to the Defendant.

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