배당이의
1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The plaintiff's claim against the defendant is dismissed.
3...
Basic Facts
A. On August 24, 2012, the Plaintiff filed an application for the commencement of compulsory auction with respect to each real estate indicated in the attached Form E (hereinafter “each of the instant real estate”) owned by the Foundation E (hereinafter “E”) based on the Seoul High Court Decision No. 2004Na51827, 2004Na51834 decided to recommend reconciliation in each of the damages cases. On September 20, 2012, the Plaintiff issued a decision to commence compulsory auction (hereinafter “instant auction procedure”) with D of the Chuncheon District Court D on September 20, 2012.
Seoul High Court Decision 2004Na51827, 204Na51834, 2004Na51834, 1957, 04, 497, and interest 817, 937, 363, Defendant Busan District Court Decision 2003Na27026, 203, Busan District Court Decision 2003Na27026 (hereinafter “the final judgment of this case”); hereinafter “the final judgment of this case”); 134,351,384 won and interest 334,752,658 won and interest 34,658 won based on the final judgment of this case.
B. The Plaintiff and the Defendant asserted that they have executive titles as listed in the following table against E, and filed a report on rights and a demand for distribution based on the following executive titles against E in the instant auction procedure:
The amount to be actually distributed to creditors of KRW 856,78,732 shall be 12,774,981,860 252,981,1549.12, 1469,104,0424,765,8589.12,9589.12,9
C. On February 3, 2015, the executing court implemented on the date of distribution of the instant auction procedure (hereinafter “instant date”) and distributed KRW 856,788,732, which was divided in proportion to the distribution rate and divided in 866,815,352, which was the sum of KRW 760,560,000 and KRW 1,560,000,000 for the previous auction deposit, and KRW 1,215,352,00 for the proceeds of sale, and KRW 10,026,620 for the expenses of execution, as indicated in the instant distribution schedule, and the parts against the Plaintiff and the Defendant are as listed in the following table:
The plaintiff is on the full amount of the defendant's distribution on the date of distribution of this case.