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(영문) 서울동부지방법원 2013.01.18 2012나3694
배당이의
Text

1. The part concerning the principal lawsuit in the judgment of the first instance shall be revoked;

The Seoul Eastern District Court E and F (Dual) Real Estate compulsory auction.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On September 9, 2002, Korea Bank loaned KRW 90 million to G, and the above claim was transferred to Korea SSB-based limited company specializing in securitization, and thereafter the Plaintiff finally acquired the claim on November 13, 2008.

B. On February 2, 2009, the Plaintiff completed the provisional attachment registration upon the Seoul Central District Court 2009Kadan36640 decision on the provisional attachment of real estate as to 1/2 shares (hereinafter “instant real estate”) among the H site and its ground buildings owned by G in Seoul Special Metropolitan City, Gwangjin-gu (hereinafter “instant real estate”).

After that, the Plaintiff filed a lawsuit against G with the Seoul Central District Court to seek the payment of the transfer money under paragraph (a) as Seoul Central District Court No. 2009Kadan61818. On October 8, 2009, the said court rendered a judgment that “G shall pay to the Plaintiff the amount of KRW 50,273,468 and KRW 45,813,837 with respect to KRW 50,813,837 per annum from October 1, 2008 to the date of full payment” (hereinafter “acquisition decision”).

November 4, 2009 (Final Judgment of November 4, 2009)

On October 22, 2009, the Plaintiff applied for a compulsory auction and made a decision to commence compulsory auction on the instant real estate with the title of execution with a ruling to acquire money by transfer on October 22, 2009. Since there was a procedure for compulsory auction commenced before the Defendant A’s application, two cases were conducted together as ordered.

(2) The instant real estate was sold to a third party on December 29, 2010, and the Plaintiff and the Defendant, other than the Defendant, participated in the instant auction procedure as a provisional seizure authority.

The real estate in this case has the provisional seizure registration and executive titles as follows:

1) Plaintiff 1 (Registration of Provisional Attachment on February 2, 2009 (Seoul Central District Court Decision 2009Kadan36640 provisional attachment order, claim amounting to 50,273,468 won) 2) K ① on March 5, 2009 (registration of Provisional Attachment Order 2009Kadan2609 provisional attachment order, claim amounting to 17,400,000 won) 2) K did not participate in the distribution.

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