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(영문) 수원지방법원 2016.04.14 2015나34892
배당이의
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. The Plaintiff filed a lawsuit against D with the purport that “D shall pay 48,760,00 won and 47,960,000 won among them to the Plaintiff, 5% per annum from April 9, 2010 to August 26, 2010; 20% per annum from the next day to the day of complete payment; 5% per annum from April 9, 2010 to May 31, 201; and 20% per annum from the next day to the day of full payment; and 80,000 won to the day of full payment; and 5% per annum from the next day to May 31, 201 to the day of full payment.” The above judgment became final and conclusive as it is.

(No. 2010da4627 of the Suwon District Court of the first instance, the appellate court's Suwon District Court 2010Na26506 case, the appellate court's Supreme Court 201Da50608 case, hereinafter "relevant civil lawsuit").

D With respect to Pyeongtaek-si E Apartment No. 104, 902 (hereinafter “instant apartment”), on December 21, 2011, upon the Plaintiff’s application based on the final judgment of the relevant civil procedure, the real estate auction procedure was initiated as Suwon-won B on December 21, 201, and the real estate auction procedure was initiated as Suwon-si Housing Site C in the Suwon-si District Court on January 21, 2013, upon the application of the Korean C&C bank, a collateral security right holder, and the real estate auction procedure was initiated in duplicate.

(hereinafter “instant auction procedure”). C.

D On April 29, 2013, the applicant filed an application for individual rehabilitation, and on August 29, 2014, in Suwon District Court Decision 2013 51163, “The repayment plan is authorized. However, notwithstanding Article 615(3) of the Debtor Rehabilitation and Bankruptcy Act, where compulsory execution, provisional seizure, or provisional disposition based on individual rehabilitation claims is made with respect to the instant apartment, it shall become void at the time when D completes the deposit of the total amount of repayment with the rehabilitation commissioner’s deposit account according to the above repayment plan,” and Article 600(3) of the Debtor Rehabilitation Act as of September 30, 2014.

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