배당이의
1.The judgment of the first instance shall be modified as follows:
In Suwon District Court C real estate auction case.
1. In the first instance trial, the Plaintiff sought the correction of the amount of KRW 1,526,55 won against the Plaintiff out of the instant dividend table as KRW 7,906,434, and KRW 1,773,245 out of each dividend amount against the Defendant as KRW 9,183,923, KRW 10,14,334, KRW 3,646,193, respectively, as stated in the purport of the claim, while expanding the purport of the claim on October 4, 2013.
The court of the first instance rejected the part of KRW 9,183,923 (=17,090,357 - KRW 7,906,434) that the Plaintiff seeks to revise the distribution schedule. Of the Plaintiff’s claim, for KRW 1,773,245 of the amount of dividends for the portion of the Defendant’s judgment claim, and KRW 3,646,193 of the amount of dividends for the portion of the notarial deed claim that was prepared by the law firm Samungung-ung General Law Office, the court of the first instance rendered a favorable judgment against the Plaintiff regarding KRW 10,144,334 of the amount of dividends for the portion of the notarial deed claim prepared by the law firm continental owner. Accordingly, the Defendant only appealed for the portion of the notarial deed claim prepared by the law firm continental owner against the Defendant among the judgment of the court below. The scope of the judgment of this court is limited to KRW 10,144,344,
2. Basic facts
A. The Plaintiff’s executive title against D was issued a favorable judgment against D, which ruled that “D shall pay to the Plaintiff 105,342,971 won per annum from August 7, 2010 to September 7, 2010; and that “D shall pay to the Plaintiff 5% per annum from the next day to September 7, 2010; and 20% per annum from the next day to the day of full payment.” The above judgment became final and conclusive around that time.
(hereinafter referred to as “Plaintiff’s claim”) based on the above judgment. B
The executive titles of the defendant against D are 1.