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(영문) 서울고등법원 2014.09.05 2014나7140
배당이의
Text

1. The judgment of the court of first instance is modified as follows.

Suwon District Court E, F(Dus), G(Dus).

Reasons

1. The reasons for the court's explanation concerning this case are as follows: ① 1 to 6 of the evidence No. 45-1 to 17 of the evidence No. 46-1 to 17 of the evidence No. 46-1 to 5 of the evidence No. 5 of the judgment of the first instance; ② 1 and 2 of the evidence No. 26-1 to 6 of the evidence No. 17 of the first instance court's 7-1 to 13; and 3.

1. Of the basic facts, “(C) progress of the auction procedure.” and

3. The reasoning of the judgment of the court of first instance is the same as that of the judgment, except in the following cases: (a) the main text of Article 420 of the Civil Procedure Act is cited as it is.

2. On July 8, 2011, Plaintiff B applied for a compulsory auction on the buildings listed in attached Table 6 (hereinafter “instant 105”) based on the authentic copy of the judgment in Suwon District Court Sung-nam Branch case No. 2010Gahap8705 (hereinafter “instant case”), and accordingly, rendered a decision to commence compulsory auction on July 25, 201. The Livestock Cooperative issued a decision to commence compulsory auction on the same court on July 25, 201, and thereafter received a voluntary decision to commence auction on the instant land and buildings on the basis of each collective security listed in Table 1 [Attachment 1] and [Attachment 2] attached Table 1, and received a decision to commence voluntary auction on February 7, 2012 from the court E.

2) On March 5, 2012, Plaintiff A applied for a compulsory auction on the instant land and buildings based on the authentic copy of the conciliation protocol in the same court case No. 201Gahap14868. On March 6, 2012, Plaintiff A applied for a compulsory auction. On March 6, 2012, the same court adopted the form of the voluntary decision to commence compulsory auction rather than the form of the decision to commence compulsory auction by mistake. On the other hand, Plaintiff B applied for a provisional attachment registration on the instant land as the claim amounting to KRW 640 million as of January 7, 2011 as of the registry office of the same court branch of the same court as of January 951, 201, and the claim amounting to KRW 70,637,587 was reduced to KRW 4525, July 4, 2011.

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