배당이의
1. The Seoul Central District Court was drafted on May 30, 2014 with respect to the compulsory auction case of B real estate.
In light of the fact that the highest procedure to submit a statement of claim can be invoked, it does not necessarily require this highest procedure, but, in practice, requires that the highest procedure should be followed in order to verify changes in the amount of remaining claims remaining after appropriation according to the previous result of the execution of distribution and the amount of claims for distribution arising from the circumstances that occurred thereafter (see, e.g., Supreme Court Administration’s publication in 2014, civil execution (II) - enforcement of real estate, and 693 pages), when additional distribution is conducted, the amount of claims should be calculated by reflecting changes in claims, including the previous result of the execution of distribution.
However, while the Plaintiff reported KRW 39,950,128, which is the amount of the claim changed after the previous distribution procedure of this case, to the amount of the claim, the Defendants did not report the amount of the claim and received dividends on the basis of the amount of the claim that did not deduct the amount of the previous dividends under the previous distribution schedule of this case, thereby receiving an excessive additional dividend
Therefore, if the amount of 28,131,237 won to be distributed on the basis of the changed amount of claim is divided into 39,950,128 won of the Plaintiff’s claim amount and 527,382,758 won of the Defendant Han Capital’s claim amount (=569,503,230-42,120,472 won), and the amount of claim of the Defendant A amount to be 27,781,199 won (=30,000-2,218,201), the amount of claim of the Defendant A is divided into 1,88,456 won (=28,137 won), 39,128,128 won (39,50,128, 527, 7827, 2788, 297, 297, 297, 25385, 297, 2975, 2537, 29757, 1975
Therefore, the instant distribution schedule should be revised to change the dividend amount of Defendant Han Capital amounting to KRW 25,053,947 to KRW 24,929,55, and the dividend amount of KRW 1,319,779 to Defendant A to KRW 1,313,226, and the dividend amount of KRW 1,757,51 to KRW 1,88,456, respectively.
3. Some of the Plaintiff’s claims are accepted.