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(영문) 서울북부지방법원 2015.05.13 2014가합22974
배당이의
Text

1. The Seoul Northern District Court prepared on June 17, 201 with respect to the case of an application for a voluntary auction of real estate.

Reasons

1. Basic facts

A. On February 2, 2010, J completed the provisional registration of the right to claim ownership transfer on February 1, 2010 with respect to the building of 99 square meters and its ground (hereinafter “instant building”) owned by K on February 2, 201, Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, and the combination of land and its ground buildings, and completed the registration of ownership transfer on January 10, 2012.

B. On May 2, 2012, the Plaintiff filed a lawsuit against J with the Seoul Northern District Court 2012Kahap20530, the Plaintiff was sentenced to a favorable judgment against the Seoul Northern District Court 2012. On December 27, 2012, the Plaintiff was sentenced to a favorable judgment ordering the payment of KRW 337,740,684 and the delay damages thereof. While the J appealed, the judgment dismissing the appeal was sentenced on July 4, 2013 (Seoul High Court 2013Na201875) and the judgment of the first instance court became final and conclusive on July 25, 2013.

(hereinafter referred to as “the claim for collection of this case”) C.

With respect to the instant real estate, in the first voluntary auction procedure (hereinafter “instant auction procedure”) established in the same court (hereinafter “instant auction procedure”) on October 11, 2013 upon the application of the mortgagee, Defendant B, Defendant C, Defendant D, Defendant E, and Defendant F filed a report on the right and demand for distribution as follows, with a lessee who has a preferential right to payment regarding the part of each of the instant buildings on December 6, 2013. Defendant H filed an application for a demand for distribution as a creditor of KRW 240 million based on the executory exemplification of a notarial deed on December 9, 2013.

On the other hand, on September 25, 2013, the decision of provisional seizure to preserve KRW 20 million against Defendant B’s claim (excluding KRW 1,600/50/50 excluding KRW 1,000 from July 10 through July 10, 2013 to July 10, 2015, a certified copy of resident registration on July 28, 2013 from October 28, 2008 to the second floor of the building in this case (the report of transfer) is written on August 21, 2013, 16.

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