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(영문) 광주지방법원장흥지원 2017.11.08 2017가단3506
배당이의
Text

1. The foregoing court was prepared on June 26, 2017 with respect to the case of application for compulsory auction against B real estate for interest in Gwangju District Court.

Reasons

1. Basic facts

A. The plaintiff filed a lawsuit against the Gwangju District Court 2007Gapo237292 against the Gwangju District Court. On September 14, 2007, the above court decided that "C shall jointly and severally with D pay to the plaintiff 8,302,976 won and interest rate of 25% per annum from February 21, 2003 to the date of full payment." The above decision on performance recommendation was finalized on September 30, 2007.

B. On January 18, 2003, Defendant A completed the registration of provisional seizure on the claim amounting to KRW 50,000,000,00 with respect to the forest E-Gun, Gangnam-gu, Seoul Special Metropolitan City (hereinafter “the instant forest”) owned by Defendant C, and Defendant Gangnam-gu Agricultural Cooperative Co., Ltd (Seoul Special Metropolitan City Co., Ltd. prior to the merger) completed the registration of provisional seizure on April 16, 2004 with the claim amounting to KRW 14,160,690.

C. The plaintiff is the above A.

On October 7, 2016, upon the decision of performance recommendation under paragraph (1), the Gwangju District Court filed an application for compulsory auction of the forest land of this case owned by C for a compulsory auction by the head of the Gwangju District Court, and received a decision to commence compulsory auction on

(hereinafter “instant auction”) D.

On June 26, 2017, a court of execution prepared a distribution schedule with the content of distributing dividends to the Defendants, a creditor of provisional seizure, as shown in the following table (hereinafter referred to as “instant distribution schedule”) on the date of distribution of the instant auction. On the said date of distribution, the Plaintiff stated an objection against the total amount of dividends of the Defendants, and filed the instant lawsuit.

Defendant A 1, 50,00,000 provisional attachment right holder 50,00,000,913,935 21.83% of the total amount of dividends on the grounds of the distribution priority creditor (the maximum amount of debt) 1, Defendant Gangnam-nam Agricultural Cooperative 32,54,502 provisional attachment right holder 14,160,690,090, 21.83% of the 21.83% of the 138,102,698 applicant 08,317,008 applicant 08,21.83% of the amount of dividends on the actual dividends (the grounds of recognition), 22,321,920 won (the grounds of recognition), and the purport of the whole pleadings, and the purport of all pleadings.

2. The defendants' main points of the plaintiff's assertion are as follows until 10 years have passed since each of the above provisional seizures was registered.

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