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(영문) 수원지방법원안양지원 2015.12.10 2015가단7662
배당이의
Text

1. It was prepared on May 6, 2015 by the same court with respect to the auction case of Suwon District Court B's real estate auction case.

Reasons

1. Basic facts

A. On August 18, 2003, Dapo-si, Mapo-si, Mapo-si, Mapo-si, Dopo-si, Dopo-si, 9818 square meters (hereinafter “the instant real property”), C filed a registration of the establishment of neighboring mortgages and the establishment of superficies, and on December 9, 2003, C filed a registration of the establishment of neighboring mortgages with F on the instant real property.

(b) The maximum amount of claims is KRW 200 million, hereinafter referred to as the “registration of the instant collateral security”).

On June 26, 2009, the Dongyang Social Co., Ltd. was sentenced to the judgment that "C shall pay 41,987,333 won and damages for delay within the limit of 480,00,000 won, 420,000,000 won and 186,339,073 won and damages for delay to the social Co., Ltd." (Seoul Central District Court 2008Gahap54346) and the plaintiff received claims pursuant to the above judgment.

C. On February 19, 2014, C filed a lawsuit against E, and rendered a judgment on February 19, 2014 that “E shall implement the procedures for registering the establishment of a neighboring mortgage and the cancellation of the registration of the creation of superficies on the instant real estate.”

(Seoul Northern District Court 2013Gahap6715, hereinafter referred to as "E-related judgment") d.

On April 3, 2014, F entered into a contract for the transfer of the right to collateral security with the transfer amount of KRW 200 million with the Defendant, and on April 3, 2014, F entered into a contract for the transfer of the right to collateral security on the ground of transfer of the right to collateral security.

E. From May 6, 2015, a distribution schedule was formulated to distribute each of the KRW 5,097,170 to the Gunpo-si, and the Defendant 132,687,178, and the Plaintiff, the person having the right to demand distribution, who is a distribution, did not receive dividends.

F. On May 6, 2015, the Plaintiff raised an objection to KRW 132,687,178 of the dividend amount against the Defendant on the date of distribution of the auction case, and filed the instant lawsuit on May 11, 2015.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 4, Eul's 1 through 3, and the purport of whole pleadings.

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