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(영문) 수원지방법원 2015.12.04 2015가합1836
배당이의
Text

1. Of the distribution schedule prepared on February 11, 2015 by the above court with respect to the case of Suwon District Court B real estate compulsory auction.

Reasons

1. Basic facts

A. On March 29, 2011, in order to preserve the claim for the liquidation money for replotting of KRW 2,634,950,440, the Plaintiff completed the provisional seizure of real estate on each real estate listed in the separate sheet owned by the Plaintiff as Suwon District Court (Seoul District Court 201Kadan100752) with respect to each of the said real estate, the registration of provisional seizure was completed on March 30, 201 with respect to each of the said real estate as the receipt of the Suwon District Court Port Office (No. 49270, Mar. 30, 201).

B. Cowd Co., Ltd. (hereinafter “Cowd Cowd Co., Ltd”) purchased each real estate listed in the separate sheet Nos. 9, 10, 11, and 14 (hereinafter “each real estate of this case”) from the non-party partnership, and completed the registration of transfer of ownership as to each real estate listed in the separate sheet Nos. 9, 10, and 11 of the same list on October 29, 2009 on the ground of sale and purchase as of April 21, 201, No. 6324 of receipt on April 21, 201, and No. 14 of the same list No. 73588 of the same registry office on the ground of sale and purchase as of May 12, 2011.

C. On August 25, 2011, the Plaintiff was sentenced to the judgment of Suwon District Court 201Kahap8938, the Plaintiff filed against the non-party partnership, “The non-party partnership shall pay to the Plaintiff the amount of KRW 1,604,641,630 as well as the amount of KRW 5% per annum from July 15, 2011 to August 25, 2011, and the amount of 20% per annum from the next day to the date of full payment,” and the said judgment became final and conclusive as is, following the Plaintiff’s appeal (Seoul High Court 201Na76916).

On June 26, 2012, the Plaintiff, based on the executory exemplification of the above judgment, received a decision to commence compulsory auction of real estate (hereinafter “instant compulsory auction”) from Suwon District Court B with respect to each of the real estate listed in the attached Table 1, 7 through 11, 14, and 18 on June 26, 2012 (hereinafter “instant compulsory auction”), and as to each of the above real estate, the Suwon District Court Port Office was accepted on June 26, 2012.

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