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(영문) 서울고등법원 2019.04.19 2018나2044372
배당이의
Text

1. All appeals by the defendant against the plaintiffs are dismissed.

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

purport, purport, and.

Reasons

1. Basic facts

A. With respect to Company G (hereinafter “G”), Plaintiff A holds loans of at least KRW 750,00,000 from September 19, 2012; Plaintiff B holds loans of at least KRW 500,000,000 from August 10, 2012; Plaintiff D holds loans of at least KRW 15,000,000 from December 23, 2013; and Plaintiff C holds loans of at least KRW 100,00,000 from January 18, 2013 to at least 10,000,000.

B. At the time of the strike owned by G, the Plaintiffs set the right to collateral security (hereinafter referred to as “instant commercial building”) with the following contents as joint collateral: (a) part of the commercial building (hereinafter referred to as “I”) of H block and 7th above ground as “I” (hereinafter referred to as “instant commercial building”) as joint collateral.

The maximum debt amount of the person entitled to make a registration for the receipt of the grounds for registration: (a) the contract concluded by the person entitled to registration on January 7, 2015, as of December 26, 2014, No. 975,000,000 750,000,000,000 of the instant shopping district under the terms and conditions as of January 26, 2014; (b) the amount of the principal of the claim (cost) shall be 50,000,000,000 C130,000,000 C130,000,000,000 D 201,50,0000,0000,000

C. On July 3, 2014, G entered into a pre-sale agreement with the Defendant on July 3, 2014 with respect to the instant commercial building No. 125693, Jul. 3, 2014; and on the ground of the pre-sale agreement, G entered into a registration of the right to claim ownership transfer on July 3, 2014.

On February 24, 2017, the enforcement court drafted a distribution schedule (hereinafter “instant distribution schedule”) that distributes KRW 141,723,461 to the Defendant, who is the person holding the provisional registration, and the Plaintiffs did not receive any distribution at all.

The Plaintiffs appeared on the date of distribution, and raised an objection to the total amount of dividends of the Defendant, and filed a lawsuit of demurrer against distribution with the court of first instance on March 2, 2017.

E. On July 3, 2014, the grounds for the provisional registration under the name of the Defendant, the Plaintiffs filed a lawsuit seeking the cancellation of the purchase and sale reservation and the cancellation of provisional registration. On January 16, 2018, the Plaintiffs rendered a favorable judgment.

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