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(영문) 의정부지방법원 2016.10.13 2016나5758
배당이의
Text

1. The part of the judgment of the first instance against the defendant shall be revoked.

2. The plaintiff (appointed party)'s claim against the above revoked part.

Reasons

1. Presumed facts

A. The Defendant filed an application for provisional seizure of real estate with respect to G forest land G 3,669 square meters (hereinafter “instant real estate”) owned by the F, with respect to the amount claimed as KRW 70,00,000 with the Eastern District Court Branch Branch of Seoul District Court 2003Kadan11879, and completed the provisional seizure registration on July 24, 2003 upon receiving a decision of provisional seizure from the above court on July 28, 2003.

B. On January 29, 2004, the Plaintiff (Appointed Party) filed an application for provisional seizure of real estate with the amount of KRW 127,000,000 as claimed by the Seoul District Court Branch Branch Branch of the Seoul District Court (2004Kahap75) regarding the instant real estate, and completed the provisional seizure registration on February 2, 2004 upon receiving a decision of provisional seizure from the above court.

C. On July 28, 2014, the Plaintiff (Appointed) filed an application for compulsory auction as D with respect to the instant real estate and received a decision to commence compulsory auction from the said court.

On August 11, 2014, the Defendant filed an application with F for payment order with Seoul Eastern District Court 2014Guj6286, and on August 28, 2014, the Defendant received payment order from the above court that “F shall pay to the Defendant a delayed payment amounting to KRW 70,000,000 as loans, and the delayed payment amount calculated at the rate of 20% per annum from August 24, 2004 to the date of full payment, and the payment order was finalized on September 16, 2014.”

E. On October 7, 2014, the Defendant filed an application for compulsory auction to this court E with respect to the instant real estate, and received a decision to commence compulsory auction from the said court.

F. On June 8, 2015, this Court prepared a distribution schedule (hereinafter “instant distribution schedule”) stating that KRW 596,780, out of KRW 130,18,598, which deducts the execution expenses from the amount to be distributed in the case of compulsory auction by official auction by official auction by official auction by official auction by official auction by official auction by official auction by official auction by official auction by official auction by official auction by official auction by official auction by official auction by official auction by official auction by official auction by official auction by official auction by official auction by official auction by official auction by official auction by official auction by official auction by official auction by official auction by official auction by official auction by official auction by official auction by official auction by official auction by official auction by official auction by official auction by official auction by official auction by official auction by official auction by official auction by official auction.

(g)...

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