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(영문) 의정부지방법원 2015.06.18 2014가합6616
배당이의
Text

1. The plaintiff A's primary claim against the defendants is dismissed.

2.The Ethical auction of real estate in the House District Court E.

Reasons

1. Presumed factual basis

A. The provisional registration of the Plaintiff’s right to claim ownership transfer (hereinafter “the provisional registration of this case”) was completed on August 10, 2007 with respect to the land of 620 square meters (hereinafter “instant land”) located in Pyeongtaek-gun G, Gyeonggi-gun, the Gyeonggi District Court of the Republic of Korea on August 10, 2007, as the receipt of the same on August 10, 2007.

B. On August 17, 2007, the registration of ownership transfer was completed in the name of Plaintiff B Co., Ltd. (hereinafter “Plaintiff B”), and on July 22, 2008, the registration of creation of a neighboring mortgage to B and Defendant C (hereinafter “registration of creation of a neighboring mortgage”) was completed on July 22, 2008.

C. Defendant C applied for a voluntary auction of the real estate on the instant land to Jung Government District Court E, and received a decision on the voluntary auction from the above court on May 14, 2010.

(hereinafter “instant auction procedure”). D.

In the instant auction procedure, Defendant C reported the principal amount of KRW 260,000,000 and interest of KRW 93,984,657 as a mortgagee on the instant real property.

E. As to the amount of KRW 871,324,623 to be actually distributed on the date of distribution held on August 12, 2014, the auction court prepared KRW 9,928,510 to Pyeong-gun, the taxation right holder of the pertinent tax, KRW 3,817,780, KRW 260,000 to Defendant C, the mortgagee of the pertinent tax, KRW 70,703,160, KRW 273,283,219, KRW 93,984,657, and KRW 32,869,970, and KRW 2750, KRW 750 to the Plaintiff, the taxation right holder of the pertinent tax, and KRW 260,70,000 to Defendant C, the mortgagee of the pertinent tax, KRW 703,703,160, and KRW 273,869,970 to the Defendant D, the distribution right holder, and KRW 163616,7

F. The Plaintiffs appeared on the aforementioned date of distribution, and raised an objection against the total amount of each dividend to the Defendants, and filed the instant lawsuit on August 19, 2014.

G. Meanwhile, Plaintiff A is F.

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