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(영문) 대구고등법원 2017.05.12 2015나24318
배당이의
Text

1. Upon receiving a claim for change in exchange at the trial, the defendant shall have jurisdiction over the plaintiff in the Republic of Korea.

Reasons

1. Basic facts

A. 1) Commencement of the real estate auction procedure

(3) On March 8, 201, the Plaintiff paid KRW 280,000,00,000 to D (the date on which the obligation arises) out of the obligation to pay construction price of KRW 280,00,000 to D, which the instant union owes to D, until March 14, 2011; and paid KRW 250,000,000 to the remainder by July 31, 201; and, if the instant installment is not performed by the said deadline, the obligation repayment contract notarial deeds (No. 9-1 and No. 269, 201), which recognize compulsory execution, was written by a notary public, and on the same day, YA Co., Ltd. (the total amount of KRW 1,00,000,000 to KRW 250,000,00,000 was changed to and changed to C, respectively, and hereinafter “C”).

(2) The instant association’s joint and several liability (280,00,000 won and 10 years of guarantee period) was jointly and severally guaranteed (Evidence No. 9-1, 10,000) (Evidence No. 1, 10, 100), D applied for compulsory auction on the real estate with the title of execution of the said notarial deed, and the registration of the entry was completed on the same day, on March 29, 201, with the title of execution of the said notarial deed.

After that, the above auction case overlaps with other auction cases (Tgu District Court I, J, K, K, L, M, N, P, Q, R, T, U,V, and W).

(hereinafter referred to as "the auction of this case" in total) B.

C’s seizure of dividends claim and its entirety 1) The instant association made repayment to X on May 23, 201, KRW 450,00,000 (no later than May 31, 201, on December 10, 2001, on which the instant association owes to X (no later than December 31, 201, on which the date on which the obligation arises). However, if the instant association fails to perform it by the said deadline, it shall lose the benefit of time and shall recognize compulsory execution.

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