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(영문) 인천지방법원 2018.06.07 2017나67417
배당이의
Text

1. The judgment of the first instance court, including the Plaintiff’s claim that has been reduced in the trial, shall be modified as follows:

Reasons

1. Basic facts

A. The Plaintiff, as a general creditor with an executory exemplification against C, demanded the distribution of KRW 3,298,526,159 (i.e., principal KRW 649,559,974 interest of KRW 2,648,966,185) in the instant auction procedure.

B. On June 11, 2002, the Defendant filed an application for provisional attachment with respect to the amount of KRW 798,547,424 (i.e., the principal amount of KRW 600,00,000 interest for arrears of KRW 198,547,424) with C as the claim for the principal and interest on the claim for the return of the lease deposit against C (i.e., the interest of KRW 600,000) (i., the interest of KRW 198,547,424). The Defendant filed an application for provisional attachment with respect to the amount of KRW 42.6m2,00,00 in Incheon Metropolitan City (ii) G major 383.8m2, G major 383.8m2, and H large 31m2, the above court made a provisional attachment order on June 14, 2002, and the provisional attachment registration (hereinafter “the provisional attachment registration”).

C. On the other hand, on August 30, 2010, three parcels, such as F, G, and H, in the Nam-gu Incheon Metropolitan City, were registered as a site right on the first basement and the seventh floor neighborhood living facilities on the ground (hereinafter “instant building”).

Accordingly, on September 27, 2010, the provisional attachment registration of this case was completed with respect to all sections for exclusive use (Nos. 101, 102, 103, 104, 201, 202, 301, 302, 401, 402, 501, 601, and 701) of the building of this case.

The auction court on the date of distribution opened on April 28, 2017, among the auction proceedings in this case, shall be a person having the right to demand a distribution, and the plaintiff shall be a person having the right to demand a distribution, and KRW 112,329,126 [the same shall apply to items 1 (attached Form 1 through 3, 5, 14 through 17, 20, 23, 26, 29, 32.

) 2, 2 (the same shall not apply to paragraphs 7, 9, 9.

) 3. (as indicated in paragraph 15, 18, 21, 24, 27, 30, 33 of the same indication; hereinafter the same shall apply)

) 4. (as indicated in paragraph 16, 19, 22, 25, 28, 31, 34 of the same indication; hereafter the same shall apply);

) Each real estate (total 27), distribution ratio 3.41%) as the person holding the provisional attachment, and the Defendant, as the person holding the provisional attachment, excluded 27,215,497 won [the 1,2, and 42.6m2 from among the instant buildings, 104, 202, 302, 402, 501, 601, and 701, the right to use site was excluded;

Distribution ratio 3.41%.

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