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(영문) 서울고등법원 2016.07.27 2016나3807
배당이의
Text

1.The judgment of the first instance shall be modified as follows:

Each real estate indicated in the separate sheet between the defendant and E.

Reasons

1. In the first instance trial on the scope of this court’s adjudication, Plaintiff A sought correction of the amount apportioned to the Defendant’s actual claim amount of KRW 708,658,790 on the ground that the actual claim amount for the Defendant’s E is merely KRW 708,658,790, and Plaintiff B and C sought correction of the amount apportioned to the Defendant on July 3, 2007 as to each of the real property listed in the separate list between the Defendant and E, and accordingly, sought correction of the amount apportioned to the Defendant on the 11th priority order. ③ Unless there are special circumstances, the administrative district indication between the Defendant and G is omitted, and the land number is indicated solely on the basis of the administrative district indication; Plaintiff B and C’s correction of the amount apportioned to the Plaintiff’s share amount was made on July 3, 2007, and the Defendant did not make a provisional seizure of the amount apportioned to the Plaintiff on the ground that the Plaintiff’s share was distributed to the Defendant on July 3, 2007.

For this, the court of first instance partially accepted the claims, and dismissed the claims, respectively, (1), (2), (2), (3), and (4). The appeal filed by the plaintiff B, C, and the defendant was dismissed on May 2, 201 by the plaintiff B, C, and C, and only the defendant's appeal remains. The subject of the judgment by the court of first instance before remand was limited to ①, and ② claims.

The court of the first instance prior to the remand dismissed the defendant's appeal, and the defendant's appeal was made. The Supreme Court accepted the defendant's appeal and reversed and remanded the part against the defendant in the judgment prior to the remanding, which is subject to adjudication in the trial prior to the remanding.

2. Basic facts

(a)the shares held on the E-owned real estate and the shares held on the date of acquisition of the register of creation of a neighboring agricultural cooperative;

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