배당이의
1. The part of the judgment of the court of first instance against the principal lawsuit shall be revoked.
The principal lawsuit of the Plaintiff (Counterclaim Defendant) shall be dismissed.
2. To the principal office.
The first instance court accepted the plaintiff's main claim and rejected the defendant's counterclaim, which only the defendant filed an appeal against the main claim in the first instance judgment.
Therefore, it is judged that only the principal claim is subject to the judgment of this court.
Basic Facts
On July 20, 2015, the auction procedure of this case was completed, each of the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “each of the instant real estate”) and rendered a decision to commence the auction of the real estate (hereinafter “the auction of this case”).
On August 31, 2015, the Defendant was issued a provisional attachment order with regard to the real estate owned by the Plaintiff, including each of the instant real estate, as the claim for the return of the deposit for lease, by using the following claims as the claim for the return of the deposit for lease, under the jurisdiction of the High Government District Court 2015
On October 14, 2015, the Defendant submitted the instant auction procedure along with the lease agreement (hereinafter “instant lease agreement”) on February 2, 2015, when filing an application for a report on the right to lease deposit of KRW 200,000 and a request for distribution on the grounds that the Defendant falls under the lessee and the creditor of provisional seizure.
On October 23, 2015, the Plaintiff filed an objection on the ground that the instant lease agreement was forged.
On March 29, 2016, the said court opened a date of distribution, and prepared a distribution schedule (hereinafter “instant distribution schedule”) with respect to KRW 1,093,10,389 of the amount to be actually distributed, as indicated in the following table:
The Plaintiff appeared on the aforementioned distribution date and stated an objection against KRW 11,61,755 out of the amount of dividends against the Defendant, which was KRW 4,498,480,172 won, 200,000,000, 123 grounds for the issuance order of dividends of KRW 125,000,000, the Plaintiff filed a lawsuit of demurrer against the instant objection to the distribution within seven days. < Amended by Act No. 4,498,48,480 won, 925,071,172 won, 1630,737,000 won, the Plaintiff appeared on the above distribution date and stated an objection against the Defendant.
. against the defendant.