배당이의
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The court's explanation of this part of the judgment of the court of first instance concerning the grounds of appeal No. 1-B.
subsection (b) below:
paragraph, 3-A.
paragraphs (c) and (c)
subsection (a) below:
paragraphs (c) and (c)
Except in the case of appeal with each paragraph, it is identical to the part of the reasoning of the first instance judgment, which is set forth in Article 420 of the Civil Procedure Act.
B. After completion of the new construction of the instant apartment, the Defendant filed a lawsuit (Seoul Central District Court 2010 Gohap86780, Seoul Central District Court 201) against the members of the Seocho-dong District Association and C, and on November 10, 2011 in the said lawsuit, the Defendant was sentenced to the judgment that “The Defendant shall pay to the Defendant 2,236,979,500 won and damages for delay thereof, and the said association and the members of the said association shall pay 2,126,54,000 won and damages for delay thereof, respectively,” which became final and conclusive around that time.
(hereinafter referred to as “the instant construction cost claim”). A.
In a lawsuit of demurrer against distribution, a creditor may raise an objection against other creditors only within the scope related to his/her interests, as such, against his/her claims or the precedence of such claims (Article 151(3) of the Civil Execution Act). Thus, in order to win in the lawsuit of demurrer against distribution filed by a creditor, the creditor shall assert and prove that the Defendant’s claims do not exist, and shall not be sufficient, and shall also assert and prove that the Plaintiff has the right to receive dividends
(See Supreme Court Decision 2014Da53790 Decided April 23, 2015). C.
In addition, in a civil trial, even though it is not bound by the facts recognized in the judgment of other civil cases, etc., the facts which have been established in the related civil cases shall be valuable evidence unless there are special circumstances, and thus, it cannot be rejected without reasonable grounds (see Supreme Court Decision 94Da47292 delivered on June 29, 195), and the plaintiff raised a lawsuit against the defendant.