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(영문) 서울고등법원 2016.04.14 2016나2008075

배당이의

Text

1. Of the judgment of the court of first instance, the primary claim and the primary claim are modified as follows.

Reasons

A. The Plaintiff’s dividends shall be limited to the Plaintiff’s dividends within the limit of the amount of claims the Plaintiff owns, without taking into account the claims of other creditors who did not raise an objection, even in cases where the existence of claims is recognized as non-existent (see, e.g., Supreme Court Decisions 98Da3818, May 22, 1998; 2000Da41844, Feb. 9, 2001); however, when the Defendant still has a legitimate claim to be distributed, the portion of the dispute dividends shall be distributed in proportion to the amount of claims of the Plaintiff and the Defendant.

The amount to be distributed to the creditors of the third priority in the building: 2,982,905,836 won (total amount to be actually distributed - 1,200,000 won - 9,477,298,4560,2258,2250,025, 23,923,972,602* 19552,427,9642,817,611 - 1690,000 won (the total amount to be distributed to the creditors of the third priority in the building) after absorbing the distribution amount for the reasons of distribution to the creditors, the final distribution amount to be distributed to the creditors of the third priority in the distribution and the remaining amount to be distributed to the creditors of the building 1,982,950,925,964 and 1,965, 296, 2506, 296, 2964, 2965, 1965, etc.

***The secured debt after the completion period for demand for distribution.