beta
Text
1. At the auction of real estate A and B (combined) real estate auction cases, the above court prepared on August 13, 2015.
Reasons
1. Facts of recognition;
A. C&M Co., Ltd. (hereinafter “C&C”) had commenced rehabilitation procedures (hereinafter “instant rehabilitation procedures”) on January 18, 2013 after filing an application for rehabilitation procedures under the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”) with the Seoul Central District Court 2012 Gohap258, and was issued a decision to authorize the rehabilitation plan on July 23, 2013. The rehabilitation procedure was completed on December 13, 2013.
B. On June 26, 2015, the date of distribution was set up by the Defendant’s objection and filed a lawsuit of demurrer against distribution on the part of the Defendant, in each auction procedure regarding the real estate, the distribution schedule in which the entire amount of KRW 205,458,609, to be actually distributed was distributed to the Solomon Savings Bank Co., Ltd. (hereinafter “first auction of this case”).
(1) In the instant case of demurrer against the distribution, the first instance court rendered a judgment that revises the dividend amount of the Solomon Savings Bank to KRW 205,458,609, and the dividend amount of the Defendant to KRW 205,458,609, as the Defendant (the Plaintiff’s position in the instant case) won won in favor of the Defendant in the instant case of demurrer against the distribution, and the appellate court rendered a judgment that revises the dividend amount to the Defendant to KRW 205,458,609, respectively.
C. In addition, in the case of auction (hereinafter “the second auction of this case”), the Korea Government District Court D Co., Ltd. D (hereinafter “the instant second auction”) with respect to the real estate YM, the Defendant demanded dividends of KRW 1,317,482,860 as a subrogation, and the distribution schedule was prepared in order to distribute all of KRW 181,531,140 to the Defendant as a subrogation. On August 3, 2015, the date of distribution was set up by the distribution schedule in which the Defendant distributes all of KRW 181,531,140 to the Defendant. On August 3, 2015, the
(Supreme Court 2015dan114920). D.
In addition, in relation to the Goyang-gu E and three parcels (hereinafter referred to as the “instant real estate”), Samyang-gu, Samyang-gu, Samyang-si, the ownership of Samyang-si, the Jinyang-gu District Court Goyang Branch A.