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(영문) 서울고등법원 2016.07.01 2015나21457 (1)
배당이의
Text

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

With respect to the compulsory auction case of L.C. District Court.

Reasons

1. The reasons why this Court uses this part of the underlying facts are as follows, and this part of the reasoning of the judgment of the court of first instance is the same as the part of the “1. Presumed factual relations”, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Each “Plaintiff” of the 3rd and 9th decisions of the first instance court shall be deemed to read “Plaintiffs and the joint Plaintiff F of the first instance court,” and each “Plaintiffs” of the 3th, 10, 12, 14, 4th, 6, and 15th, shall be deemed to read “Plaintiffs and the joint Plaintiff F of the first instance court.”

(b) the term “F and G” in Part 16 of the 3rd judgment of the first instance court as “F and Plaintiff G”, and the term “F and G” in the 4th instance judgment as “F and Plaintiff G”.

(c) was finally determined in accordance with paragraph 19 of the third decision of the first instance court.

(See Supreme Court Decision 201Da83493(d). D. Following the fourth fourth sentence of the first instance judgment, the following is added and the fifth sentence “C” is added to “D”.

C. Around May 2, 2009, M entered into a sales contract with U to sell the above real estate in KRW 670,000,000 as the purchase price, and as a result of the special agreement, U to a buyer shall succeed to the principal amount of KRW 200,000,000 as the principal amount of collateral security.

2) U completed the registration of ownership transfer on June 10, 2009, however, U filed a claim for damages, etc. (including a claim for revocation of a fraudulent act) filed by the Plaintiffs and the joint Plaintiff F of the first instance trial as of April 22, 2013.

(i) was cancelled by a final judgment;

E. In the fourth sentence of the first instance judgment, the “distribution schedule” in the fourth sentence of the first instance judgment shall be deemed as “distribution schedule (hereinafter “instant distribution schedule”).

(f) The part of conduct Nos. 4 through 18 of the first instance court ruling is based on the fact that there is no dispute (based on recognition), Gap 1 through 5, 12, 13, and 23 respectively, and the purport of the whole pleadings.

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