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(영문) 서울동부지방법원 2015.09.09 2014가합9272
배당이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant and C’s related Defendants and C reported their marriage on August 25, 1980, and they were legally married couple E, F, and G under the supervision of the Defendant, but they were married on November 13, 2012.

B. On May 15, 2012, the Plaintiff filed a lawsuit against C seeking an agreed amount of KRW 350 million and damages for delay, and received a judgment in favor of the Plaintiff, and the said judgment became final and conclusive on September 16, 2014.

(U) On May 29, 2012, the Plaintiff filed an application for provisional seizure of real estate with the claim amounting to KRW 350 million with the Suwon District Court (No. 2012Kadan101262) on May 29, 2012 and completed the commission registration on June 4, 2012, upon receiving the provisional seizure order on June 4, 2012.

C. On October 5, 2012, C entered into a mortgage agreement with the Defendant on the instant apartment (hereinafter “instant mortgage”) with respect to the instant apartment, and on the same day, C concluded a mortgage agreement with the Defendant, and completed the registration of establishment of a mortgage over the instant apartment (hereinafter “instant apartment”) with respect to the Defendant of the maximum debt amount of KRW 50 million.

On July 17, 2013, pursuant to the application for the commencement of compulsory auction by the plaintiff of the real estate compulsory auction and the distribution schedule of this case, the procedure for compulsory auction by real estate was initiated as D in this court (hereinafter "the auction of this case"), and this court, on July 25, 2014, prepared a distribution schedule of 76,116,634 won to be actually distributed on the date of distribution of the auction of this case, 807,730 won (100%) to Songpa-gu Seoul Special Metropolitan City, the first holder of the distribution right, 401,127,671 won (10% of the distribution rate) to the National Agricultural Cooperative Federation of the second holder of the collective security right, and 364,181,23 won (10% of the remaining 364,956,978 won (42.84%) to the defendant of the collective security right, and 214,2254,254 (hereinafter "distribution schedule of this case").

The plaintiff is the plaintiff.

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