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1. The bankruptcy trustee of the plaintiffs F and the defendant bankrupt Korea Deposit Insurance Corporation.
Reasons
Basic Facts
The court's explanation on this part is identical to the corresponding part of the reasoning of the judgment of the court of first instance. Thus, this part of the judgment is cited by the main text of Article 420 of the Civil Procedure Act.
The 8th priority mortgage of H on the portion of the Y portion among the instant dividend dividends against Defendant G and I by the Plaintiffs’ claim regarding the claim against H is established only in the name of H, the husband, in order to secure the claim for the refund of KRW 200 million, which was paid out of the purchase price, after the division from Defendant G, to purchase part of L forest after the division from Y, and to secure the claim for the refund of KRW 200 million, which was paid out of the purchase price to Y. As such, there is no secured claim, the amount of the 87,067,665 won in the instant
In the case of a mortgagee who makes an application for voluntary auction of the amount of dividends to Defendant G, the claim should have been created not later than the time of such application for auction, and in the case of a creditor who makes a demand for distribution, the said claim shall have been established by not later than
Each sales contract for part of the land of this case becomes impossible only when the successful bidder pays the sale price. Thus, it cannot be deemed that the claim for compensatory damages due to the impossibility of the performance of the above sales contract has been established until the time of filing a request for auction by Defendant G or demand for distribution. Thus, the above defendant cannot receive dividends from the auction procedure of this case.
The amount that Defendant G purchased part of L forest after division from Y and paid to Y is merely a total of KRW 300 million. The Defendant’s claim against Y does not exceed KRW 300 million.
Nevertheless, in the auction procedure of this case, Defendant G received KRW 400 million as a mortgagee of the 13th priority in the distribution order of this case. The part exceeding KRW 300 million out of the dividends distributed No. 7 in the distribution order of this case should be deleted.
Defendant G is the person entitled to demand a distribution based on the Promissory Notes No. 2 in the instant auction procedure, and KRW 97,870,554.