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(영문) 수원지방법원 2020.08.13 2019가단566914
배당이의
Text

1. Defendant among the distribution schedule prepared on November 11, 2019 by the above court with respect to the case of Suwon District Court Creal estate compulsory auction.

Reasons

1. On November 15, 2017, the Plaintiff filed a lawsuit against D seeking the payment of the acquisition amount under the Jung-gu District Court 2017da112720, and was sentenced to a judgment on November 15, 2017, stating that “D shall pay the Plaintiff KRW 182,00,000 and its delay damages.” The judgment became final and conclusive around that time.

Based on the above final judgment, the Plaintiff filed an application for a compulsory auction with respect to E 1184 square meters in Sung-si, Suwon District Court C, which is owned D, and received a decision to commence compulsory auction on April 1, 2019.

The Defendant National Health Insurance Corporation (hereinafter “Defendant Corporation”) submitted a written claim for issuance of tax claims, such as automobile tax on D on April 24, 2019 and June 10, 2019, prior to the completion period of demand for distribution (on June 13, 2019), in the above auction procedure, on May 10, 2019, respectively.

On November 11, 2019, an execution court prepared a distribution schedule (hereinafter “instant distribution schedule”) that distributes to creditors the amount of KRW 50,159,055, which is the date of distribution, to be actually distributed to creditors as follows:

The dividend ranking creditor (cost) 21,670 delivery (the pertinent tax) 21,670 delivery right-holder 21,670 delivery right-holder 3,726,300 delivery right-holder 30,397,370 delivery right-holder 30,429,180 delivery right-holder 33,429,180 delivery right-holder 12,117,790 delivery right-holder 12,17,790 delivery right-holder 317,66,633,5984 F,47,370 delivery right-holder 30,397,370 delivery right-holder 30,429,47,415,47,415,700 delivery right-holder and additional tax-holder 12,117,790 delivery right-holder 317,639,429,427,515,715 and 28.

The above KRW 12,117,790, which the defendant Corporation received as the third holder of the third distribution right, shall be from December 2008, as shown in attached Table 2.

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