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(영문) 서울고등법원 2019.07.03 2018나2069449

배당이의

Text

1. Defendant 1 through 39, 41 through 46, 50 through 52, 54 through 58, 60 through 80, 82 through 87, and 89 through 93, among the judgment of the first instance;

Reasons

1. As to the distribution schedule prepared by the above court on February 16, 2017 with respect to the case of compulsory auction of real estate C in the judgment of this court, the Plaintiff raised an objection against the part paid to the Defendants as a mortgagee and the part paid to the Defendants as a right to collateral security, and dismissed the Plaintiff’s claim against the Defendants 5, 16, 20, 30, 30, 44, 47, 49, 53, 60, 69, 70, 84, 84, 119, and 123 as a right to demand distribution. The first instance court dismissed the Plaintiff’s claim against the Defendants 5, 16, 20, 30, 47, 40, 69, 70, 81, 115, 119, and 123 as a right to demand distribution.

Accordingly, the plaintiff and the defendant 40, 81, 88, 94, 110, and 117 appealed each part against each other.

Therefore, the scope of the judgment of this court is the part received by the Defendants as a mortgagee and the part received by Defendants 53 and 110 as a person entitled to demand a distribution, and this is identical to the corresponding dividend amount stated in the attached Table 2.

2. This part of the judgment of the court of first instance states that "IO" in the last sentence of the judgment of the court of first instance shall be deemed to be "IP," and that "IO" in the fourth 11 line shall be deleted from February 16, 2006 to four pages 17 through 7, and the same shall apply to the statement in the corresponding column of attached Table 15 in the 6th 15 column." This part of the judgment of the court is as follows (Defendant 5, 16, 20, 30, 30, 44, 47, 49, 60, 69, 70, 106, 111, 15, 129, and 123 shall be deemed to be subject to the judgment of the court of first instance, but it shall not be deemed to be subject to the judgment of the court of second 4th excluding the dividend amount as stated in the corresponding column of attached Table 1."

3. The plaintiff's assertion

A. The part that the Defendants received dividends from the mortgagee as a collateral security holder is paid out of each corresponding amount of dividend indicated in the attached Table 2.