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(영문) 대전지방법원천안지원 2013.11.01 2013가합501
배당이의
Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. As to each portion of one half of the real estate listed in the separate sheet, the registration of ownership transfer in the name of the defendant and the defendant, who is the child of the defendant, was made on September 18, 2009 by Law No. 81669 of this Court as of July 25, 2009.

B. As to each E’s share of each of the real estate listed in the separate sheet, the establishment registration of a neighboring mortgage-holder A was completed on June 15, 2010 with the maximum debt amount of KRW 195,00,000, the debtor, E, and the mortgagee A arising from the contract to establish a contract on June 15, 2010, which was received on June 15, 2010.

C. On May 30, 2012, a non-party-mortgaged agricultural cooperative, who is the right to collateral security regarding each real estate listed in the attached list, applied for a voluntary auction of this case to the court of this case. On the same day, the registration of the decision to commence voluntary auction was completed under Article 52727.

On June 11, 2012, on June 11, 2012, the holder of a right to the grounds for registration and other matters of provisional attachment No. 1 E, the claim amounting to KRW 150,000,000,000 for the provisional attachment order (2012Kadan10418) for support by the Suwon District Court on the provisional attachment order (201,000,000 won) by the Suwon District Court on June 23, 2012, Plaintiff A on June 26, 2012, the claim amounting to 150,000,000,000,000 won for the provisional attachment order (20,000,000 won) for support by the Suwon District Court on the provisional attachment order (200,005,000 won) by the creditor B B30,73036, July 23, 2012, Plaintiff A2005

D. After the commencement of the instant voluntary auction, the Plaintiffs completed the registration of provisional seizure as follows with respect to each E’s shares of each real estate listed in the separate sheet.

E. On January 24, 2013, the date of distribution of the instant voluntary auction procedure, the court prepared a distribution schedule as shown in the attached Table (hereinafter “instant distribution schedule”). The Plaintiffs appeared on the distribution date and raised an objection against the total amount of dividends distributed to the Defendant out of the amount of dividends distributed to the Defendant. The Plaintiffs filed the instant lawsuit on January 28, 2013, prior to the lapse of one week.

[Reasons for Recognition] There is no dispute.

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