배당이의
1. The plaintiff A's primary claim part and the plaintiff B's lawsuit are dismissed respectively.
2. The plaintiff A's ancillary claim.
Based on the facts, on August 10, 2016, with respect to the instant land owned by the Plaintiff F, G, H, and I (hereinafter “instant land”) and the instant land-based buildings owned by the Plaintiffs each in share of 1/2 (hereinafter “instant building,” and the instant land and the instant building collectively referred to as “instant real estate”). Voluntary auction procedure began in this Court E on August 10, 2016.
(2) On October 7, 2016, the Defendants filed a lawsuit against J (hereinafter referred to as the “J”), K, and Plaintiff A for unjust enrichment following the cancellation of the contract (hereinafter referred to as the “instant contract”) and for claiming compensation for damages, and filed a lawsuit against the said court against the said court. On October 7, 2016, K and Plaintiff A jointly paid KRW 300 million to the Defendants as the principal debtor, and the said judgment became final and conclusive on October 29, 2016.
(2) On October 13, 2016, the Defendants received a demand for distribution with unjust enrichment based on the instant final judgment and a claim for payment of damages during the instant voluntary auction procedure.
In the instant voluntary auction procedure, the distribution schedule was prepared with the content that the amount of KRW 2,296,060,715 to be actually distributed on August 18, 2017 was distributed as follows. On August 18, 2017, the Plaintiffs: (a) on the distribution date, the Plaintiffs were issued to the Defendants, with the delivery authority (the pertinent taxes, Plaintiff B); (b) on the distribution date of KRW 664,920,642,620,620, 15,747,671, KRW 1,502,970, KRW 1,115,747,67, KRW 444,252,329, KRW 11223,2323,329, and (c) the delivery authority (the pertinent taxes, Plaintiff A); and (b) the mortgagee (public charges; and (b) the mortgagee and mortgagee (the mortgagee); (b) on the distribution date of KRW 664,294,271467,2947,297.27