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(영문) 춘천지방법원원주지원 2016.12.22 2014가합716
배당이의
Text

1. The plaintiff's lawsuit against the defendant B shall be dismissed.

2. The case for the compulsory auction of the real estate C in the original state branch of the Chuncheon District Court.

Reasons

Basic Facts

A. On July 9, 2014, the original branch of the Chuncheon District Court: (a) each Defendants and designated parties listed in the [Attachment 1] Nos. 1 through 72 of the Defendants’ List on the date of distribution of the said Court C Real Estate Auction Case (hereinafter “instant Auction Case”), as indicated in the [Attachment 8] distribution list; and (b) drafted a distribution schedule that distributes KRW 1,562,835,068 to the Plaintiff (hereinafter “instant distribution schedule”).

B. The Plaintiff, the debtor of the instant auction case, was a creditor holding a claim equivalent to KRW 85,382,703,783 based on the Notarial Deed No. 1517, 2012, against the V farming association corporation, the debtor of the instant auction case, which was a creditor of the instant auction case, to demand a distribution in the instant auction case.

C. On July 9, 2014, the Plaintiff appeared on the date of distribution, and stated an objection as to each of the Defendants and the designated parties listed in [Attachment 8] List Nos. 1 through 72 in the instant distribution schedule, and filed a lawsuit of demurrer against distribution on July 16, 2014.

[Ground of recognition] For each of the Defendants listed in [Attachment 1] Nos. 1 through 8, 10 through 17, 19 through 26, 40, 42, 44 through 46, 48 through 56, 58 through 88, 90, and 91: There is no dispute against each of the Defendants listed in Attached Table 1 (Article 150 of the Civil Procedure Act) Nos. 9, 18, 27 through 39, 41, 43, 47, 57, and 89 of the Defendants’ List No. 1 to 8, 10 through 17, 19 through 26, 40, 42, 44 through 46, 48 through 56, 90, 90: The Defendants’ titles, owners of real estate and real estate, who are the parties to the auction, and the Defendants’ titles of execution title of the case, AY, ABK and 5.

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