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(영문) 서울고등법원 2015.07.23 2013나2028795

배당이의

Text

1.In the judgment of the court of first instance, the parts of the primary claim and the preliminary claim are modified as follows:

Reasons

In light of the above legal principles, the court below erred by misapprehending the legal principles as to the amount of dividends against the third-class creditors of each building of this case, and by misapprehending the legal principles as to the amount of dividends against the third-class creditors of each building of this case, the court below erred by misapprehending the legal principles as to the amount of dividends against the third-class creditors of each building of this case.

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 (the total amount to be distributed - 1,200,000 won) shall be limited to 1,370,87,477,298,66,034,2956,034,295, the creditor holding the right to request a distribution and 23,923,972,972,60,397,780 2,316,871,538, 1698, 1300,913,598,520,000 won or more among the creditors holding the right to demand a distribution, within the extent of 1695,71,751,7630,194,197,2985,305,416,5,297,

E. From among the distribution schedule of this case, the amount of dividends against the plaintiff among the amount of 636,451,053 to 66,036,034,295 won, and the amount that the defendant can receive dividends from the proceeds of sale of each building of this case shall be KRW 2,316,871,538. Thus, among the distribution schedule of this case, the amount of dividends against the defendant among the distribution schedule of this case shall be corrected as KRW 10,408,848,846 to KRW 10,379,265,60 [=8,062,394,063 (the amount received by the defendant from the proceeds of sale of each building of this case) 2,316,871,538 won (the amount received by the defendant from the proceeds of sale of each building of this case)].

3. Judgment on the first preliminary claim

가. 원고의 주장 1 오쉘윈은 2010. 11. 15. 채무초과 상태에서 채권자 중 1인인 피고에게 기존의 대출금채무를 담보하기 위하여 이 사건 각 건물에 추가근저당권을 설정하여 주었는바, 이는 사업의 계속...