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Plaintiff and appellant
Hyundai Switzerland Mutual Savings Bank, Inc.
Defendant, Appellant
Korea Standards Bank, Inc., and 2 others
Conclusion of Pleadings
November 12, 2009
The first instance judgment
Seoul Southern District Court Decision 2009Da18711 Decided July 17, 2009
Text
1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The judgment of the first instance shall be revoked. Of the distribution schedule prepared by the said court on March 9, 2009 with respect to the auction case of real estate rent (Seoul Southern District Court 2007TTTA), the amount of KRW 180,000,000 for the Defendant Korea Standards Bank (hereinafter “Seoul Southern District Court”), KRW 162,950,106, the amount of dividends of KRW 36,619,054 for Defendant 2 and 3, KRW 53,68,948, and the amount of dividends to the Plaintiff shall be KRW 53,68,948, and the above distribution schedule shall be corrected.
Reasons
The reasoning for the court's explanation on this case is as follows: "All amount of dividends to the defendants" in Part 3, No. 19 of the judgment of the court of first instance is "17,049,894 out of the amount of dividends of 180,000,000 won for the defendant Korea Standards and the total amount of dividends of 17,049,894 out of the amount of dividends of 180,000,000 won for the defendant 2, and the amount of dividends to the defendant 2, 3" in Part 7 of the judgment of the court of first instance; and "the plaintiff is clear" in the part 5, 7 of the judgment of the court of first instance (the judgment of the court of first instance) since the non-party 1 (the non-party to the judgment of the court of first instance) has still transferred the right to return the lease deposit to the plaintiff for the purpose of collateral security, the plaintiff who is a security right holder, and the non-party 1 (the non-party to the judgment) is unable to assert the defendants against the defendants).
Therefore, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.
Judges Oi-de (Presiding Judge) Man-de (Presiding Judge)