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(영문) 서울남부지방법원 2019.11.12 2019가단9938
배당이의의 소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff completed the registration of ownership transfer on June 13, 2016 for each real estate listed in the separate sheet (hereinafter collectively referred to as “instant real estate”).

B. On July 7, 2016, the building management body completed provisional attachment registration with respect to the instant real estate as Seoul Southern District Court 2016dan202131, and completed provisional attachment registration with respect to the instant real estate, and completed provisional attachment registration on August 16, 2017, and the Seoul Southern Southern District Court D.

C. On April 21, 2017, the Plaintiff completed the registration of consolidated oil between the Plaintiff and F as a joint owner on the instant real estate.

On June 13, 2016, the Industrial Bank of Korea completed the registration of creation of a mortgage on the instant real estate at KRW 3,960,000,000 for the debtor, the maximum debt amount, and the Defendant completed the registration of creation of a mortgage on July 1, 2016 with the maximum debt amount KRW 375,00,000.

E. On May 31, 2018, the Industrial Bank of Korea received a voluntary decision to commence the auction (hereinafter “instant auction procedure”) for the instant real estate overlapped with Seoul Southern District Court H, Seoul Southern District Court H on May 31, 2018.

F. On November 8, 2017, Yeongdeungpo-gu filed a claim for delivery of property tax of 14,149,580 won and additional charges on a building in 2017, the statutory due date of which was July 10, 2017, and property tax of 11,442,740 won and additional charges on the land portion on September 10, 2017, the statutory due date of which was September 10, 2017.

G. At the instant auction procedure, on April 5, 2019, the ownership transfer registration for I et al. was completed due to a compulsory auction on the ground of sale by official auction. On May 16, 2019, the distribution schedule was formulated in order to distribute KRW 3,618,079,826 to the Industrial Bank of Korea (hereinafter “instant distribution schedule”) to the Defendant, taking the first order as to the amount to be actually distributed in KRW 3,741,164,582.

H. The plaintiff is present on the date of distribution and on the entire dividend of the Bank and the defendant.

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