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(영문) 대구지방법원 2021.01.12 2020나320802
배당이의
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The purport of the claim and the purport of the appeal are the judgment of the first instance.

Reasons

1. Basic facts

A. On December 8, 2016, the Plaintiff: (a) obtained a provisional attachment order issued by the Daegu District Court No. 2016Ka but 5805 with respect to the Real Estate E (hereinafter “the instant Real Estate”) from a claim claim amounting to KRW 659,000,000 with respect to F’s loan claim amounting to KRW 659,00,000; (b) on the same day, the Plaintiff was a person who completed provisional attachment registration with respect to the instant Real Estate under the Daegu District Court’s receipt of registration No. 19740 by the Daegu District Court.

2) On April 19, 201, the Defendant completed the registration of the establishment of the right to collateral security (hereinafter “instant right to collateral security”) under the Daegu District Court’s receipt of a registration office (20725) with respect to the instant real estate on April 19, 201, comprised of the following: (a) the Defendant; (b) the Defendant; (b) the Defendant: (c) the Defendant; and (d) the Defendant; and (c) the maximum amount of the claims KRW 300,000,000; and (d) the Plaintiff filed an application for voluntary auction of the instant real estate with the Daegu District Court C on June 15, 2018; and (c) the Defendant rendered a decision of voluntary commencement of auction of real estate on the same day (hereinafter “instant auction procedure”).

The instant real estate was sold at the auction procedure of this case. On June 24, 2019, the execution court prepared a distribution schedule as shown below (hereinafter “instant distribution schedule”) with regard to KRW 264,623,74, which is to be actually distributed after deducting execution expenses from the proceeds of sale and interest of the instant real estate, as well as KRW 264,623,74, which is to be actually distributed.

The Plaintiff appears at the above 128,375,488 won, 60,315,00 won, 100 won, 246,340 won, 246,340 won, 327,900 won, 237,90 won, 237,900 won, 230%, 4128,375,488 won, 128,375,48 won, 100%, 50, 250,00 won, 75,249, 046 won, 364, 2364, 267, 274, 267, 274, 276 of the dividends distribution on the date of the above dividends distribution, among the persons who have the right to demand dividends of 100%, 100 won, 5250,000,00 won, 749,046 won.

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