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1. Of the instant lawsuit, the amount of the Defendant C’s dividends of KRW 125,594,204 out of the amount of KRW 10 million and the amount of the correction D, E, F, and G are as follows.
Reasons
1. Basic facts
A. On September 27, 2017, the Plaintiff (Appointed Party) and the designated parties constituted a voluntary auction procedure (hereinafter “instant auction procedure”) with respect to the real estate stated in the separate sheet, which is the debtor and owner, in Suwon District Court H, I, J, K, K, and L (combined). The said court drafted a distribution schedule with the following dividends against the Defendants.
M M M M M M MNN M M
B. On the above date of distribution, the Plaintiff (Appointed Party) was a party to the appointment of the Plaintiff (Appointed Party) and the designated parties, who are owners and debtors on the above date of distribution, and stated 5,785,064 won out of 20,122,892 won of dividends and 40,000 won of dividends (No. 9 of the priority order number, No. 61149 of the registration number in the column of reasons) and 6153 of the registry number in the column of reasons (No. 6153 of the priority order number, No. 9 of the distribution schedule, No. 21,629,963 of the Defendant bank’s dividends and dividends 22 of the Defendant bank (No. 34492 of the debtor’s surplus in the column of reasons) and 125,594,204 won of the dividends and dividends 205,204 won of the Defendant bank’s dividends 2015,294,25205,2504,2000
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 1-1, the purport of the whole pleadings
2. The plaintiff (appointed party)'s assertion and judgment
A. The summary of the Plaintiff’s assertion is that the Defendants received excessive dividends in the auction procedure of this case. As such, the court of execution should allocate the amount of excess dividends to the Defendants in proportion to other creditors, such as the entries in the purport of the claim.
B. Determination as to the legitimacy of the instant lawsuit is ex officio as to the claim for the portion of KRW 10 million out of the dividend amount of KRW 125,594,204, the Defendant bank’s claim is lawful.