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(영문) 인천지방법원 2014.12.18 2014가단211618
배당이의
Text

1. The Plaintiff’s selective claims against the Defendants are all dismissed.

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

Reasons

1. Basic facts

A. The F completed the registration of ownership transfer on October 30, 2007 with respect to multi-family houses with three floors G in Nam-gu Incheon Metropolitan City (hereinafter “instant building”).

B. As of February 1, 2013, with respect to the instant building, the registration of the establishment of each of the following items was completed: (i) the maximum debt amount of KRW 178,100,000; (ii) the debtor interest company; (iii) the mortgagee; (iv) the mortgagee; (v) the new bank; and (v) the maximum debt amount of KRW 240,000; and (v) the debtor interest company; (v) the mortgagee; (v) the Plaintiff; (v) the mortgagee; and (v) the debtor EN Corporation; and one bank; and (v) the mortgagee bank.

C. As to the building of this case, ① KRW 190,00,00,00 as claimed on February 27, 2013; ② Creditor Incheon Credit Guarantee Foundation; ② Claim amount of KRW 173,60,00,000; Creditor Credit Guarantee Fund; ③ Claim amount of KRW 260,00,000,00 as claimed on March 5, 2013; ④ Creditors Specialized Construction Mutual Aid Association; ④ Claim amount of KRW 25,253,580; ⑤ Creditor Down Co., Ltd.; ⑤ Claim amount of March 26, 2013; ⑤ Claim amount of KRW 33,00,00,614; creditor Down Co., Ltd.; and ② Claim amount of KRW 17,107; 83,00,00,00; and KRW 393,00,00,000; and ④ Claim amount of Samsung F Co., Ltd., Ltd.’s creditor 2937.

On April 25, 2013, with respect to the building of this case, the decision of voluntary auction was rendered to the Incheon District Court D upon the Plaintiff’s application, and on May 21, 2013, the decision of voluntary auction was rendered to the Incheon District Court E upon the application of the new bank.

E. In the auction procedure stipulated in the foregoing paragraph (d), the Defendants asserted that they were small lessee and filed an application for a report on rights and demand for distribution. On March 26, 2014, the distribution schedule was prepared to distribute KRW 8,089,232 to Defendant A, KRW 13,981,389, KRW 13,981,389, KRW 13,981,389, and KRW 30,750,32 to Defendant C, and KRW 30,752 to the Plaintiff.

F. On the same day, the Plaintiff stated an objection against the total amount of the Defendants’ dividends.

[Ground of recognition] There is no dispute, A1-2.

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