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(영문) 대구지방법원영덕지원 2019.01.08 2018가단652
배당이의의 소
Text

1. Of the distribution schedule prepared by the said court on May 2, 2018 in the Daegu District Court Youngmun-gu District Court E Real Estate Compulsory Auction case.

Reasons

1. Facts of recognition;

A. G, on July 14, 2016, where the owner of a building with a wooden tank and a pent roof (hereinafter referred to as the “instant building,” and collectively the said land and the building; hereinafter referred to as the “instant real estate”) on the land located in the 397 square meters of FJ in Yong-gun, Chungcheongnam-gun and the above land, had completed the registration of creation of a mortgage (hereinafter referred to as the “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-gun, the maximum amount of debt regarding the instant real estate was KRW 100,000,000.

B. On the other hand, on May 17, 2016, the Plaintiff received a decision of provisional attachment (hereinafter “decision of provisional attachment”) with the Daegu District Court 2016Kadan2185 as the claim amounting to KRW 70,000,000 for G as the claim amount, and completed the registration of provisional attachment on the same day.

C. On September 2, 2016, the procedure for the compulsory auction on the instant real estate (hereinafter “instant auction procedure”) was commenced on September 2, 2016 upon the Plaintiff’s request as a provisional seizure creditor. On May 2, 2018, the said auction procedure was conducted on KRW 71,008,10,000, which is to be actually distributed on the open distribution date, to the Korea Workers’ Compensation and Welfare Service, which is the person holding the right to demand distribution, KRW 3,653,960, which is the housing lessee, KRW 17,00,00, KRW 127,000,00, KRW 127,200, KRW 159,20, KRW 5,430, KRW 13,226, KRW 420, KRW 30, KRW 4203,630, KRW 206, KRW 979, KRW 475,717,794, etc. of the Plaintiff’s distribution schedule.

[Ground of recognition] A.

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