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(영문) 인천지방법원 2017.10.18 2017가단203311
배당이의
Text

1. Of the distribution schedule prepared by the above court on January 20, 2017, with respect to the case of D's auction of real estate in Incheon District Court D's district court.

Reasons

1. Facts of recognition;

A. On September 2, 2014, the Defendant: (a) set up a joint collateral security (hereinafter “instant collateral security”) with respect to F forest size of KRW 5379 square meters in Bupyeong-gu, Incheon, Incheon (hereinafter “instant real estate”); and (b) G forest size of KRW 1488 square meters and H forest size of KRW 76 square meters (hereinafter “separate real estate”); and (c) joint collateral security (hereinafter “instant collateral security”) with respect to the obligor, E, and the mortgagee.

B. On October 7, 2015, the Plaintiffs provisionally attached the instant real estate with the claim amount of KRW 107,500,000 each (total of KRW 215,00,000).

C. On June 2, 2016, the Defendant received dividends of KRW 98,612,267 in the Incheon District Court I real estate auction case regarding separate real estate on June 2, 2016.

On the date of distribution on January 20, 2017, the court of execution prepared a distribution schedule (hereinafter “instant distribution schedule”) that distributes KRW 120,00,00 to the Defendant on the date of distribution to the Incheon District Court DD Real Estate Auction on the instant real estate, on the ground that the Defendant is the first-order applicant creditor, KRW 52,434,664 on the ground that the Plaintiff is the third provisional attachment holder, and KRW 52,434,664 on the ground that the Plaintiff is the third provisional attachment holder.

E. The Plaintiffs appeared on the aforementioned date of distribution, and raised an objection to the distribution of KRW 45,00,000 (total 90,000,000) among the Defendant’s dividend amount, and filed a lawsuit of demurrer to the distribution on January 24, 2017.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 9, the purport of the whole pleadings

2. According to the above facts, the Defendant received dividends of KRW 98,612,267 in the auction procedure on the separate real estate, which is the common collateral of the instant collective security. As such, the Defendant could only receive dividends of KRW 21,387,733 ( KRW 120,000,000 - previous dividends of KRW 98,612,267) from the auction procedure on the instant real estate, which is the common collateral of the instant collective security. However, the Defendant received dividends of KRW 120,00,00 in excess of KRW 98,612,267 by receiving dividends of KRW 120,00.

The Plaintiffs shall object to the distribution only to KRW 45,00,000 (total amount of KRW 90,000,000) out of the excess dividend amount of KRW 98,612,267 against the Defendant.

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