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(영문) 서울고등법원 2016.08.24 2015나9266
배당이의
Text

1. The plaintiff's appeal against the defendants is dismissed.

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

purport, purport, and.

Reasons

1. Basic facts

A. 1) Commencement and termination of the voluntary auction procedure: F 445 square meters in Suwon-si, Suwon-si, Suwon-si, and two-story neighborhood living facilities and detached houses on the above ground (hereinafter the above land and buildings) owned by E are collectively referred to as “instant real estate.”

(2) On September 17, 2012, 201, the Suwon Agricultural Cooperatives, the mortgagee of the right to collateral security, applied for a compulsory auction on the instant real estate to the Suwon District Court. On January 9, 2013, the said court rendered a compulsory auction order on the instant real estate, separately from the said voluntary auction procedure, and the said court rendered a compulsory auction order on the instant real estate on January 9, 2013.

(D) On April 5, 2013, Defendant B completed the provisional attachment registration of KRW 70,153,424 regarding the instant real estate on the same day upon receipt of the decision of provisional attachment from the Suwon District Court (2013Kadan2573). Defendant C completed the provisional attachment registration of KRW 547,167,123 on the same day upon receipt of the decision of provisional attachment from the Suwon District Court on April 8, 2013 (2013Kadan10689) and I completed the provisional attachment registration of KRW 547,167,123 on the instant real estate on the same day (2013Kadan10689. 4) on April 17, 2013, the highest bidder (730,77,000 won on the reported amount) on the date of sale of the said voluntary auction procedure implemented on April 17, 2013.

B. During the procedure for compulsory auction and selling the pertinent D real estate auction, I purchased the instant real estate at KRW 817,777,000 in the sale price.

C. On December 26, 2013, the Suwon District Court: (a) prepared a distribution schedule with the content that distributes KRW 477,980,627 out of KRW 81,609,417 to Defendant B; and (b) prepared a distribution schedule with the content that distributes KRW 29,213,734 to Defendant B,28,814,386 to Defendant C (hereinafter “instant distribution schedule”); (c) the Plaintiff appeared on the date of distribution of the compulsory auction procedure on the same day.

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