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(영문) 인천지방법원 2016.10.13 2016구합74
공매대금배분처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of the lawsuit, including the cost of participating in the defendant assistant are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. Upon receiving a request from the office of Nam-gu Incheon Metropolitan City for the public sale of real estate listed in the attached list owned by D (hereinafter “instant building”) due to the default of taxes in D, the Defendant commenced the public sale procedure to the office of the Incheon Metropolitan City, Nam-gu, Incheon (hereinafter “instant public sale procedure”).

B. At the same time, the Plaintiffs are general creditors holding claims for the refund of lease deposit against D at the same time as the lessee of the instant building.

C. The Defendant: (a) prepared the original distribution statement with the content of allocating KRW 29,654,880,535 to the Nam-gu Incheon Metropolitan City (Order 1: the pertinent tax), 64,635,604, 132, 132, 181 to the Defendant’s supplementary intervenor (order 2: the mortgagee of the instant building), 132,056,181, 15,305 won to the Defendant’s supplementary intervenor (order 3: the mortgagee of the instant building), 15,30,308,535 won to the Plaintiffs (order 4: ordinary creditors) and the World Yangyang-gu Co., Ltd. (Order 3: the mortgagee of the instant building), each of the distribution statement with the content of allocating the amount of KRW 29,654,88,530 from the sales amount of the instant building and its site; and (b) prepared the original distribution statement on December 23, 2015.

The Plaintiffs raised an objection to the original distribution statement against the Defendant’s Intervenor on the ground that the secured debt of the right to collateral security in the name of the Defendant’s Intervenor was false in collusion, but the Defendant distributed the proceeds of the public sale as the original document (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap 1, Gap 5, Eul 4, and Eul 5's purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Although the plaintiffs' summary of the plaintiffs' assertion completed the registration of the right to claim transfer of ownership on the building of this case, the defendant's assistant intervenor created the right to collateral security on the same day when he transferred the above provisional registration to D and completed the registration of transfer of ownership, and before the defendant's assistant intervenor's provisional registration of the right

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