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(영문) 수원지방법원성남지원 2016.11.04 2015가단36104
배당이의
Text

1. As to the case of an application for a voluntary auction of real estate C in Sung-nam District Court, the said court prepared on December 10, 2015.

Reasons

1. Basic facts

A. The defendant is the reconstruction association under the Housing Construction Promotion Act established in order to remove the apartment house on the ground outside D and two parcels of land and to newly construct a new apartment house (the registration of establishment on July 5, 2002, August 29, 2003).

B. After completing the construction of a new apartment on the ground of E and five parcels, the Defendant obtained a permit from the Southern Mayor on June 30, 2009 before obtaining the completion authorization. On June 15, 2010, the Defendant completed the registration of initial ownership on the above apartment Nos. 101 and 603 (hereinafter “instant apartment”).

C. On November 30, 2009, the Plaintiff (Appointed; hereinafter “Plaintiff, etc.”) and the Appointed (hereinafter “Plaintiff, etc.”) were issued by a notary public against the Defendant on November 30, 2009 with a promissory note No. 2344 (hereinafter “notarial deed of this case”) as one of the law firms, the creditor was issued on November 30, 2009, with the Plaintiff, etc., the debtor, the garnishee, the garnishee, the Defendant, the third debtor, the Defendant’s share of the Defendant’s claim amount, the claim amount, the claim amount, the claim amount of the Plaintiff’s claim amount of KRW 25,33,34, and the claim amount of KRW 25,333,33,333, and the Appointed’s claim seizure and assignment order (hereinafter “the first claim seizure and assignment order of this case”). The seizure and assignment order of this case became final and conclusive at that time.

On June 30, 2010, the plaintiff et al. completed the provisional attachment registration on July 1, 2010 after receiving a decision of provisional attachment against the apartment of this case owned by G (U.S. District Court 2010Kadan50781, hereinafter "the provisional attachment order of this case"), and completed the provisional attachment registration on October 21, 2010. On October 21, 2010, the plaintiff et al. completed the provisional attachment registration of this case, which is the creditor (25,33,34 won), the designated person (25,33,333 won), supplementary registration of provisional attachment correction.

E. In addition, on December 7, 2010 based on the instant notarial deed, the Plaintiff et al. seized the Plaintiff et al.’s obligee on December 7, 2010, the Defendant et al., the debtor, the garnishee G and the Defendant’s claim amount to the Plaintiff’s members’ contribution claims and claims against G, Plaintiff 26,66,67, and the Appointed’s 26,666,666.

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