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(영문) 인천지방법원부천지원 2019.01.16 2018가단111313
배당이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant, in a marital relationship with F, filed an application for divorce on November 18, 2015, and G and H are parents of F.

B. On January 8, 2016, the Defendant issued a provisional attachment order against G and H as the claim amounting to KRW 50,000,000,000 as to the ground building located in G and H-sharing Kimpo-si 1 Dong, Incheon District Court Decision 2015 businesshap1014 (hereinafter “instant real estate”), and registered the provisional attachment on the 11st day of the same month.

C. Meanwhile, on September 20, 2016, the Plaintiff created the right to collateral security of the debtor F and the maximum debt amount of KRW 280,000,000 with respect to the instant real estate as the Incheon District Court’s Busan Branch Branch Kimpo-si, Kimpo-si, which was received on September 20, 2016.

On November 15, 2016, the Defendant paid to the Defendants and F the amount calculated at the rate of 5% per annum from December 11, 2015 to November 15, 2016, to the Incheon Family Court 2015dhap10288-1 (Separation) with respect to the Defendants and F, “F paid the amount of 80,000,000 won per annum from December 11, 2015 to November 15, 2016, and 15% per annum from the next day to the date of full payment, and with respect to G, H, 30,000,000 won per annum, and each of the said money above, and H paid the amount of 10,000,000 won per annum from the next day to December 11, 2015, and J from November 28, 2015 to the 15th day of each year.”

(hereinafter referred to as "related judgment". The defendant has a claim against G and H by related judgment (hereinafter referred to as "the claim of this case"). E.

On February 27, 2017, the Plaintiff received a voluntary decision to commence the auction on the instant real estate as Busan District Court Branch D.

(On the other hand, each of the above courts C and E has been landed and consolidated. (F) In the auction procedure of this case, the court of execution shall set forth KRW 1,601,197,548 in order of 1,88,370 in order of 1,88,370 in the issuance of the actual dividends on June 21, 2018 and the National Health Insurance Corporation.

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