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(영문) 부산지방법원동부지원 2015.07.09 2014가합101193
배당이의
Text

1. The plaintiff's lawsuit against the defendant B and the plaintiff's lawsuit against the defendant A as a person entitled to provisional registration for security.

Reasons

1. Basic facts

A. AB Co., Ltd. (hereinafter “AB”) is a corporation established for the purpose of housing construction and supply business, etc., and Defendant A is a person who served as a director or representative director of AB.

B. On February 19, 2008, AB issued promissory notes with the face value of KRW 500,000,000 for the addressee of the defendant A and drawn up a notarial deed for them.

C. On April 18, 2008, Defendant A filed an application for provisional seizure against AB for the above promissory note credit amounting to KRW 500,000,000,00 as preserved right. On May 1, 2008, Defendant A filed an application with Defendant A on May 1, 2008, and Defendant A filed a provisional attachment decision against 20 households among the Busan District Court AC and 2 lots AD apartment (hereinafter “the apartment of this case”) owned by Defendant AB on the same court as the same court. The provisional attachment decision of this case was completed on the same day.

Of the apartment units of this case, the Plaintiff completed the provisional registration of 45 households of 101, 102, 106, 202, 206, 301, 302, 401, 402, 406, 501, 502, 601, 602, 606, 702, 702, 705, 706, 701, 802, 804, 804, 801, 804, 804, 805, 806, 201, 201, 201, 306, 101, 104, 106, 201, 106, 104, 201, 306, 106, 104, 106, 101, 106, 401.

E. AB rendered a first decision to commence compulsory auction on May 15, 2009 in the real estate auction case entered in the order of the apartment of this case, which is owned by AB. In the above auction procedure, the court of execution is the defendant who is the provisional seizure authority out of KRW 5,866,060,029 in the amount to be actually distributed.

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