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(영문) 대법원 2017. 02. 15. 선고 2016다261168 판결

채무자 소유 부동산 경매대가에서 우선 배당하여야 하는 지 여부[국승]

Case Number of the immediately preceding lawsuit

Seoul Southern District Court-2016-Na5603 ( October 13, 2016)

The debtor

Whether preferential dividends should be paid out of the proceeds of the auction of the owned real estate

Summary

The amount of dividends against the Defendant ought to be deemed to be fully constituted as the price for the instant building owned by CCC.

Related statutes

Article 154 (Lawsuit of Demurrer, etc. against Distribution)

Cases

Supreme Court-2016-C-261168 ( October 15, 2017)

Plaintiff-Appellant

AA

Defendant-Appellee

BB

Judgment of the lower court

Seoul Southern District Court Decision 2016Na55603 Decided October 13, 2016

Imposition of Judgment

February 15, 2017

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

Examining the lower judgment and the grounds of appeal, the grounds of appeal by appellant are not included in the grounds of appeal under each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal, or are deemed to fall under each subparagraph of paragraph (3). Therefore, the appeal is dismissed under Article 5 of the same Act. It is so decided as per