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(영문) 춘천지방법원영월지원 2016.12.01 2015가합382
배당이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. As to each real estate listed in the separate sheet owned by the Defendant (hereinafter “instant real estate”), the Defendant completed the registration of creation of a mortgage over each maximum debt amount of KRW 150 million on February 4, 2005, and the maximum debt amount of KRW 100 million on May 31, 2005.

(hereinafter “instant collateral security”). B.

(1) The Plaintiff filed a lawsuit against D for damages claim 208Gahap10228 (former judgment) and rendered a judgment on May 29, 2009 that “D shall pay to the Plaintiff the amount calculated at the rate of 20% per annum from August 23, 2008 to the date of full payment.” The above judgment became final and conclusive on June 30, 2009 (hereinafter “final judgment of this case”).

(2) The Plaintiff filed an application for a compulsory auction of the F real estate F for the original branch of the Chuncheon District Court on March 22, 2010, with the instant final and conclusive judgment as executive title, for the instant final and conclusive judgment and for five parcels, the Plaintiff received dividends from KRW 33,479,595, the principal amount of KRW 49,196,834, from August 23, 2008 to March 22, 2010 (which was appropriated for KRW 33,479,595, the principal amount of KRW 49,196,834).

3) Meanwhile, the Plaintiff filed an application for provisional seizure of real estate with the amount claimed as KRW 105,893,000 with respect to the instant real estate as the Youngcheon District Court’s monthly branch office 2008Kahap22 on February 18, 2008, and the entry registration was completed on February 19, 2008 upon receipt of the provisional seizure order on February 18, 2008. (C) The Defendant filed an application for provisional auction of real estate with the Youngcheon District Court’s Youngcheon Branch Branch C on October 8, 2015 on the instant real estate. In the above auction procedure, the distribution schedule was prepared in order of 142,202,354 among the amount to be actually distributed on October 8, 2015, to the Defendant, who is the holder of the right to deliver the instant real estate, with the order of 390,180,000 won and the remainder of KRW 141,812,74 won to the Defendant.

The plaintiff, who is a person with the right to demand a distribution and is a person with the provisional seizure of the real estate of this case, is present on the above date of distribution, and raises an objection against 119,542,318 won out of the amount of distribution against

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