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(영문) 서울고등법원 2019.08.30 2019나2017940
배당이의
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of the court of first instance, which cited the judgment of the court of first instance, is the same as the ground of the judgment of the court of first instance, except that the court of first instance partially renders the reasons

(3) If the Plaintiff et al. fails to pay the debt amount of KRW 900,00,00,00,000, the Plaintiff et al. and D Association did not pay the debt amount of KRW 900,000,00,000, and the Plaintiff et al. do not pay the debt amount of KRW 900,000,00,000 as follows: The Plaintiff et al. and D Association did not pay the debt amount of KRW 620,00:0,000, the Plaintiff et al. and D Association did not pay the debt amount of KRW 10,000,00, and the Plaintiff et al. do not pay the debt amount of KRW 20,000,00: the Plaintiff et al. and the Plaintiff et al. do not pay the debt amount of KRW 10,000,000.

2. Conclusion, the Plaintiff’s claim, based on the premise that the Defendant had received an excess dividend of KRW 406,819,179 in the auction procedure regarding the first and second real estate, should be accepted.

The judgment of the court of first instance is justifiable in conclusion as above.

Therefore, the defendant's appeal is dismissed because it is without merit.

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