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(영문) 인천지방법원 2016.05.13 2015구합53897
배분처분취소
Text

1. The Defendant’s public auction case (management Gyeyang-gu Office/B) under Article 108 of Gyeyang-gu Incheon, Incheon, about December 18, 2015.

Reasons

1. Details of the disposition;

A. Based on the claim for indemnity against D, the Plaintiff completed the provisional attachment registration with the claim amounting to 36 million won as of September 27, 2001 by the Incheon District Court Decision 201Kadan24311 on September 27, 2001, which was issued by the Incheon District Court Decision 201Kadan2431 on October 11, 2001.

Since then, the plaintiff filed a lawsuit against D, etc. on October 21, 2005 by filing a claim for indemnity amount with Seoul Central District Court Decision 2005Da254957 and filed a lawsuit on October 21, 2005, "D shall be jointly and severally with the plaintiff 34,770,129 won and 34,307,889 won among them, 18% per annum from December 6, 2001 to May 31, 2005; 15% per annum from June 1, 2005 to September 1, 2005; and 20% per annum from the next day to the day of full payment." The above judgment became final and conclusive on November 15, 2005.

B. The Defendant was entrusted by the Gyeyang-gu Incheon Metropolitan City Office with a public auction on the instant real estate by proxy based on the delinquent amount of local taxes, and proceeds from the public auction process by Gyeyang-gu/B (hereinafter “instant public auction procedure”).

The instant real estate was sold in KRW 134,030,000, and the distribution date was designated as December 18, 2015.

C. The details of attachment, provisional attachment, and collateral security established on the real estate of this case at the time of the public auction procedure of this case are as follows:

(C) On April 14, 1994, the date of registration of the right holder’s right holder’s right holder’s right holder’s right to collateral security (hereinafter “instant right to collateral security”). On December 150, 198,000,000 C-mortgage on December 23, 1998, the provisional attachment of Plaintiff 36,000 on October 36, 200,000,000 on September 27, 2001 and the amount of claim on September 36, 200,000 on December 27, 2004, Incheon Mutual Savings and Finance Company 1, 2004, Incheon Mutual Savings and Finance Company 1, the date of registration of the right holder’s right holder’s right to collateral security (hereinafter “instant right to collateral security”) was attached on December 37, 2003, the date of seizure, which was December 39, 2003.

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