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1. The above court concerning the auction for the division of H-owned properties owned by Busan District Court and the compulsory auction of real estate I (dus).
Reasons
1. Basic facts
A. The Plaintiff and E each share of 1/6 shares, Nonparty K, and L respectively, were co-owned in the same 1/12 shares for the buildings with a 656 square meters and above ground (hereinafter “the instant real estate”).
B. On June 2, 2017, the Plaintiffs filed an application for provisional attachment of real estate under the Busan District Court 2017Kahap 136, with respect to the portion of 1/6 shares owned in the instant real estate, with the claim amounting to KRW 285,714,285 out of the agreed amount (hereinafter “instant agreed amount”) set forth in the letter of payment for E on August 2, 2016 (Evidence No. 7) (hereinafter “the instant provisional attachment”). On the same day, upon receiving a decision of acceptance on July 21, 2017, the Plaintiffs completed the provisional attachment entrustment registration with respect to the portion of E out of the instant real estate (hereinafter “the instant provisional attachment”).
On the other hand, on August 30, 2017, the Plaintiffs filed an application for compulsory auction of real estate E’s shares among the instant real estate with Busan District Court Decision 2017Kao 2017Kao 337 as enforcement bonds, and the said court decided to commence the auction on August 31, 2017. On May 16, 2018, Plaintiff C filed an application for auction for division of the instant real estate jointly owned with H with respect to the entire real estate at issue with the above court H on May 17, 2018, and the said court joined the said auction case (hereinafter “instant auction procedure”).
M Co., Ltd. received a decision of permission for sale on August 8, 2019 in the above auction procedure and completed the registration of transfer of ownership on the same day after paying the sale price on September 11, 2019.
E. Accordingly, the registration of the provisional attachment of this case was cancelled ex officio due to the reason that M&D’s completion of the registration of transfer of ownership on the real estate of this case and the cause is not known.
F. On October 29, 2019, the auction court distributed dividends to the secondary right holder on the date of distribution of the auction procedure of this case on October 29, 2019, and in the second order, set forth a list of dividends with the content that distributes surplus to each owner (hereinafter “the table of dividends of this case”).