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(영문) 대구지방법원 2015.04.15 2014가단122570
배당이의
Text

1. Of the distribution schedule prepared by the said court on October 8, 2014 with respect to B real estate compulsory auction cases.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) against C, etc., which jointly and severally guaranteed D’s loan obligation, filed a lawsuit seeking a loan with the Daegu District Court 200Kadan66734 against the Plaintiff (Seoul District Court 2000Kadan6734). 2) The Plaintiff (Seoul District Court 2003Na5540, which is the appellate court of the said lawsuit, participated in the said lawsuit as a successor to the Lifed Credit Cooperative. In the Daegu District Court 2003Na5540, which is the appellate court of the said lawsuit, the said court made a compulsory adjustment decision to compel C to pay KRW 30 million to the Plaintiff (hereinafter “instant compulsory adjustment decision”). The said decision was finalized.

B. On July 23, 2013, the Defendant’s provisional attachment and payment order 1) each of the real estate listed in the separate sheet owned by C by the Daegu District Court 2013Kadan5582 against C (hereinafter “each of the instant real estate”).

As to the above application, the Defendant claimed the joint and several liability amount for the transfer proceeds of 1/2 shares (including factories, products, etc.) of factories (including factories, products, etc.) that the Defendant had against C as the preserved right. The above court on July 25, 2013 (hereinafter referred to as “the provisional attachment decision of this case”) was the provisional attachment decision of this case.

(2) Around May 21, 2013, the Defendant filed an application for payment order against C and E with the Daegu District Court 2013 tea 4074 (200 million won) and damages for delay.

On May 27, 2013, the above court issued a payment order (hereinafter “instant payment order”) on May 27, 2013, and the order became final and conclusive on June 13, 2013.

C. On October 8, 2014, the Plaintiff filed an application for compulsory auction of each of the instant real estate with the Daegu District Court B pursuant to the instant compulsory adjustment order, and the said court rendered a decision to commence compulsory auction on April 15, 2014. (2) On October 8, 2014, the distribution schedule was prepared as follows on the date of distribution of the said compulsory auction procedure.

The distribution ratio of the amount of credit (cost) due to the priority creditor shall be 1 F.

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