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(영문) 서울고등법원 2015.07.23 2013나2028801

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

1..

Reasons

In light of the above legal principles, the court below erred by misapprehending the legal principles as to the amount of dividends against the third-class creditors of each building of this case, and by misapprehending the legal principles as to the amount of dividends against the third-class creditors of this case, the court below erred by misapprehending the legal principles as to the amount of dividends against the third-class creditors of each building of this case.

The amount to be distributed to the creditors of the third priority in the building: 2,982,905,836 won (total amount to be actually distributed - 1,200,000 won (the total amount to be distributed - 1,200,000 won) shall be limited to 1,98,477,298,456,666,034,295, and 23,923,972,972, 370,397,780 2,316,538, 16913,598,520 won including the creditors of the right to demand distribution and the creditors of the third priority in distribution within the extent of 1695,71,751,761,964,975,981,97, 196, 205, 2984, 1985, 2003

E. Of the instant distribution schedule, the amount of dividends against the Defendant in the instant distribution schedule should be corrected from KRW 636,451,053 to KRW 666,034,295. The amount that the Plaintiff could receive dividends from the proceeds from the sale of each of the instant buildings is KRW 2,316,871,538 (the amount that was reduced later than the initial amount of dividends). As such, in the instant distribution schedule, the amount of dividends against the Plaintiff out of the amount of dividends of KRW 11,870,416,211 [1,870,416,211] from KRW 10,49,150 (the amount that the Plaintiff won from the lawsuit of demurrer against the Codefendant of the first instance court against the Republic of Korea), KRW 8,062,394,063 (the amount that the Plaintiff received from the proceeds from the sale of each of the instant land) shall be corrected from the proceeds from sale of each of the instant building to KRW 2,316,81537,7838

3. If so, the plaintiff sought an increase in the dividend amount against the plaintiff among the instant dividend table.