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(영문) 서울고등법원 2016.11.01 2016나2026509

배당이의

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The grounds for a judgment of the first instance shall be quoted for this judgment pursuant to the main sentence of Article 420 of the Civil Procedure Act citing the judgment of the first instance;

except that part of the following shall be dried or added:

[Supplementary portions] On the two pages of the judgment of the court of first instance, the following three cases stated that “The dividends to the defendant shall be unfair and distributed to the plaintiff.” The dividends to the defendant shall be removed from the defendant’s dividend amount and the distribution schedule shall be revised to distribute the dividends to the plaintiff.”

On the three pages of the first instance judgment, the term "right to return the net deposit of D" shall be changed into "the obligation to return the net deposit of D" and "the obligation to return the security deposit of D."

On the 4th of the judgment of the first instance court, "The secured debt in the name of the defendant is false," "The act of creating the right to collateral in the name of the defendant is false or false or the secured debt in the name of the defendant is "the secured debt."

[Additional Parts] 2. 8-9 of the judgment of the first instance court, “A decision to commence a voluntary auction was rendered,” followed: “The Plaintiff asserted that he leased the instant real estate from the deceased D to KRW 200,000 on March 1, 2008 during the said voluntary auction procedure on September 18, 2014, and filed a report on his right and demand for distribution.”

"16" shall be added to "A 1, 2, and 11" of 2 pages 12 of the judgment of the first instance.

On the three pages of the first instance judgment, “I” shall be added to “I” following the seventh instance judgment.

"19" shall be added to "A 17, 18" of four pages of the judgment of the first instance.

2. The decision of the first instance court on the conclusion is justifiable.

The plaintiff's appeal is dismissed.