(영문) 의정부지방법원 2016.08.12 2015가단120246

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(영문) 의정부지방법원 2016.08.12 2015가단120246

배당이의

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) was assessed as KRW 2,420,000 for the instant real estate and KRW 3,00,000 for each of the instant real estate as KRW 1,816,347,186 for the distribution date as of April 10, 2013, the court prepared a distribution schedule containing the remainder of KRW 563,20,316, 316, excluding the amount distributed to senior mortgagees, and senior mortgagees, as indicated in the separate sheet (hereinafter “instant auction procedure”). The Plaintiff raised a distribution schedule containing the distribution schedule containing the distribution amount of KRW 1,420,00 for the instant real estate as of KRW 2,420,00 for the instant real estate and KRW 3,000 for the instant real estate as of KRW 30,000 for the instant real estate as of KRW 370,316,000 for the distribution date, and the Plaintiff raised the distribution schedule to Defendant 230, 271,27.

B. The Seoul High Court (2014Na2237) rendered a judgment with respect to a lawsuit of demurrer against distribution filed by the Plaintiff, and the judgment became final and conclusive.

In the auction procedure of this case, the amount of dividends for B 563,200,316 won out of the dividend table for B prepared by the court of this case shall be corrected to 34,200,316 won, and the difference of 529,000,000 won shall be distributed in proportion to the order of claims and the amount of claims of each creditor.

C. As to the lawsuit of demurrer against the distribution filed by the Defendant, this court rendered a judgment with the following contents, and the judgment became final and conclusive.

In the auction procedure of this case, KRW 563,20,316 among the dividend table of this case No. 1 prepared by the court of this case shall be deleted, and KRW 251,465,823 among the deleted amount shall be as between the defendant, etc. and the creditors entitled to receive the distribution, and KRW 311,734,492 shall be as between the defendant and the creditors entitled to the distribution.

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