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(영문) 수원지방법원 2016.01.27 2014가단74168
배당이의
Text

1. The network of the distribution schedule prepared on December 23, 2014 by the same court with respect to the Suwon District Court D's D's auction of real estate.

Reasons

1. Facts of recognition;

A. 1) On February 9, 2010, the Plaintiff purchased each of 12,246 square meters of F forest 12,55,680,000 square meters of land owned by the network E, G forest 4,649 square meters owned by the Defendant, and H forest 6,214 square meters of land owned by the Defendant for KRW 1,380,120,000 (hereinafter “instant sales contract”). The Plaintiff purchased each of the said real estate (hereinafter “instant real estate”).

(2) In order to secure the Plaintiff’s obligation to pay the remainder on the basis of the instant sales contract, the network E and Defendant B obtained the registration of establishment of a neighboring mortgage (hereinafter “instant collateral security”) with respect to the 450 square meters (hereinafter “instant auction real estate”) in Suwon-si, Suwon-si, Suwon-si, the Plaintiff owned on June 22, 2010, the maximum debt amount of KRW 600,000,000, and the mortgagee with respect to the mortgage (hereinafter “instant auction real estate”).

3) On December 10, 2014, the instant real estate was sold to Nonparty K and two other parties in the procedure of voluntary auction at the Suwon District Court Ja District Court, which was applied by the Suwon District Court. B) On the instant auction real estate, the procedure of voluntary auction at Suwon District Court D (hereinafter “instant auction procedure”) was conducted upon the application of the Suwon Agricultural Cooperative, which was the mortgagee, on November 14, 2014. The instant auction real estate was sold to Nonparty L on December 23, 2014. Of the amount to be actually distributed on the date of distribution on December 23, 2014, the amount of KRW 268,861,287, KRW 3,015,020, KRW 20, KRW 7388,949, KRW 3000, KRW 300, KRW 400, KRW 400, KRW 500, KRW 4060, KRW 280, KRW 200, KRW 40650.

2) The Plaintiff appeared on the aforementioned date of distribution, and raised an objection against the total amount of dividends against the network E and Defendant B. On December 24, 2014, the period between seven days thereafter, the Plaintiff filed the instant lawsuit. (iii) On the other hand, the deceased died on August 16, 201, and the deceased’s first-class heir and second-class heir.

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