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(영문) 서울고등법원 2017.04.28 2016나2072458
배당이의
Text

1. The Plaintiff’s appeal against the Defendants other than Defendant F and Defendant F’s appeal are all dismissed.

2...

Reasons

1. The reasoning of the court of first instance for the acceptance of the judgment is as follows, since the reasoning of the court of first instance is the same as that of the reasoning of the court of first instance, except for the repair or deletion of parts as follows.

2. Parts used or deleted;

A. Of the judgment of the first instance, the expression “Defendant J”, “Defendant K”, and “Defendant L” shall be respectively changed to “J”, “K”, and “L” respectively.

B. From the fourth bottom of the judgment of the court of first instance to the fifth place, the part “1. Determination as to the claim against Defendant K and L” shall be deleted.

C. The fifth and sixth written judgment of the court of first instance (hereinafter “the first instance judgment on the claims against the remaining Defendants except Defendant K and L”) was followed by “1. Determination on the claims against the Defendants by the Plaintiff.”

The 12th sentence of the first instance judgment "94Da13716" shall be written in 94Da13176.

E. At the bottom of the 12th judgment of the first instance, the part “as described in the evidence No. 4,” and the part “as described in the evidence No. 1, 2, 5, 7, and 9,” written above 13 shall be deleted.

F. From the 13th bottom of the judgment of the court of first instance, the part “A according to the inquiry reply of Samcheon-ri Co., Ltd.” is deleted.

G. The part of the judgment of the court of first instance, i.e., 8 to 19, is deleted. H. The serial number from 15, 20, 15, to 18, 16, i.e., 11 to 15, i., i. e., i., i., i. e., i., i., i., ii.

3. According to the conclusion, the dividend amount of KRW 1,493,284,357 against the Plaintiff is KRW 1,493,284,357, and KRW 10,000 against the J in the first instance trial of the court of first instance of the amount of dividends of KRW 1,534,884,357, among the dividend table prepared by the said court on September 10, 2015 with respect to the case of the auction of the RR real estate in Suwon District Court of Suwon District, KRW 14,00,000, and KRW 14,000,000, and the dividend amount of KRW 14,00,000, and KRW 14,000,000 for L was finalized as it is, and thus, reflected in the above amount.

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