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1. Of the distribution schedule prepared by the same court on September 9, 2016 with respect to the auction case of real estate B in Incheon District Court.
Reasons
Attached Form
Facts in the cause of the claim are not clearly disputed by the defendant, but can be recognized through each of the statements in Gap evidence 1 to 4.
However, the defendant did not appear on the date of distribution, and the plaintiff did not have the standing to file a lawsuit of demurrer against distribution, and made a protest prior to the merits.
(1) The plaintiff is not entitled to a provisional attachment obligee against C, the debtor of the auction real estate of this case, and the plaintiff is present on the date of distribution on the date of distribution of the order of this case and raised an objection against C as to the total amount of dividends to the defendant. The plaintiff is clearly entitled to a claim for a provisional attachment on the date of distribution of the order of this case, and the plaintiff is not entitled to a lawsuit of demurrer against the distribution to C, because the plaintiff is clearly entitled to a claim for a provisional attachment on the date of distribution of the order of this case, and the plaintiff is not entitled to a prior suit against the defendant by subrogation of C, such as the reasons for the claim in the attached Form.
Therefore, regarding the above auction case, among the dividend table prepared by the Incheon District Court on September 9, 2016, the amount of 19,044,384 won against the defendant should be deleted, and it should be corrected to distribute it to C. Thus, the plaintiff's claim of this case shall be accepted.