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(영문) 제주지방법원 2020.07.21 2018가단53476
배당이의
Text

1. Of the distribution schedule prepared on March 16, 2018 by the same court with respect to the case of compulsory auction for immovables E in the Jeju District Court.

Reasons

1. Basic facts

A. On April 24, 2015, the Plaintiff filed a lawsuit (No. 2014da44931) against the F, G, or H Co., Ltd. (hereinafter “H”) and received money from the Plaintiff on April 24, 201 at the rate of KRW 1,260,021,353 jointly and severally for KRW 969,29,820 from September 27, 2001; KRW 168,116,248 from November 29, 201; KRW 91,026,986 from November 30, 201 to September 18, 2001; KRW 1,260 to 30% from the date of completion; KRW 1308,986 from the date of completion; and KRW 2081 to the date of completion; and KRW 3081,375% from the date of each of the following judgment; and KRW 13081,3085% from the date of completion.

B. The Plaintiff filed an application for a compulsory auction of real estate (hereinafter “instant compulsory auction”) with the Jeju District Court E regarding the real estate owned by H as an executive title (hereinafter “real estate subject to the auction of this case”).

C. Defendant A, the Defendant (Appointed Party), the network K, and the designated parties filed an application for provisional seizure of the instant real estate subject to auction (No. 2002Kahap100) with L as the designated parties (No. 202Kahap100). According to the provisional seizure order on March 23, 2002, the Jeju District Court completed the registration of provisional seizure of real estate amounting to KRW 198,535,490 (hereinafter “provisional seizure”).

On March 16, 2018, the distribution court prepared a distribution schedule (hereinafter “instant distribution schedule”) by allocating the amount of KRW 58,351,542 to the Plaintiff (the applicant creditor of the Jeju District Court Act 2014Gadan44931), among the amount to be actually distributed on March 16, 2018, and the amount of KRW 14,617,070 to the designated party of the provisional attachment who is the applicant creditor, respectively.

Accordingly, the plaintiff raises an objection to the total amount of dividends against L of the designated party on the same day.

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