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(영문) 대구지방법원서부지원 2016.04.28 2015가단40351
배당이의
Text

1. On November 30, 2015, the above court rendered the application case for compulsory auction C (duplicate) against the Daegu District Court Branch of the District Court.

Reasons

1. Basic facts

A. On March 14, 2014, the Plaintiff filed an application with D for a payment order of KRW 110,640,904 against D and KRW 68,903,941 from February 21, 2012 to November 30, 2012; KRW 15% per annum from February 28, 2012 to November 30, 2012; KRW 12% per annum from the following day to the date of delivery of the payment order; and KRW 20% per annum from the next day to the date of full payment.

B. On December 27, 2011, D completed the registration of ownership transfer under the name of her mother, 107 Dong 606 (hereinafter “instant real estate”) of building E, Daegu-gun, Daegu-gun (hereinafter “instant real estate”). However, the Plaintiff filed a lawsuit for revocation of fraudulent act against F under the name of 11189, Seo- Branch of the Daegu District Court Decision 2014Da1189, Jun. 18, 2014, the Plaintiff revoked the sales contract concluded on December 27, 2011 with respect to the instant real estate between F and D, and ② “F pays the Plaintiff the amount calculated by the annual rate of KRW 57,00,000 and KRW 5% from the day following the day on which the judgment became final to day of full payment,” and the judgment became final and conclusive on July 8, 2014.

C. D on March 3, 2011, concluded a lease agreement with the Defendant, the Kenya, setting a deposit of KRW 49,000,000 with respect to the instant real estate.

On November 30, 2015, the Plaintiff filed an application for the commencement of auction on the instant real estate, and the distribution procedure for the real estate C (duplicate) auction case B, which was commenced for the Daegu District Court Branch of the District Court. On November 30, 2015, the said court filed the instant lawsuit following the Defendant’s filing of an objection to the total amount of dividends of KRW 34,020,80 (19,000,000,000 for the first small lessee, the sixth conclusive lessee, and KRW 15,020,80 for the sixth conclusive lessee), and the distribution schedule that distributes the amount of KRW 24565,207 to the Plaintiff.

[Reasons for Recognition] There is no dispute, Gap's 1, 2, 3, 5, 6, 7.

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