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(영문) 대전고등법원 2016.05.12 2015나11623
배당이의
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The J newly constructed an aggregate building listed in the attached Table 2 “Real Estate List” (hereinafter “instant aggregate building”) on the ground of Yong-si K (hereinafter “instant site”), and completed the registration of ownership preservation on June 16, 2008 as to the said aggregate building by the Daejeon District Court Decision No. 54717, Jun. 16, 2008, and completed the registration of ownership transfer on the ground of trust on June 16, 2008 to the Defendant on the same day.

B. The Plaintiffs asserted that they are lien holders holding a claim for construction price as to the instant aggregate building and applied for an auction under the lien.

Daejeon District Court rendered a decision to voluntarily commence the auction on July 8, 201, G on September 23, 201, H on November 1, 2011, respectively.

C. In the above auction procedure, the Daejeon District Court: (a) prepared a distribution schedule stating that the full amount of KRW 1,097,96,470 of the value of the instant site among KRW 4,431,759,159, which is to be actually distributed on December 18, 2014, shall be distributed to the Defendant, the owner of the instant aggregate building, who is the owner of the instant aggregate building.

The Plaintiffs raised an objection to the whole amount of dividends of the Defendant, and filed the instant lawsuit on December 23, 2014, which was within one week thereafter.

M Around October 18, 2014, around October 18, 2014, transferred the relevant shares among the claims for dividend payment to Plaintiff F, and notified it to the Republic of Korea on October 24, 2014.

On the other hand, the defendant filed a lawsuit against the plaintiff A, B, C, D, E, and M on January 31, 2012 to confirm the existence of the right of retention.

On January 14, 2014, the appellate court rendered a judgment that "the secured debt of the lien held by the above plaintiffs and M with respect to the aggregate building of this case shall not exceed the amount stated in the respective column in the list of secured debt in attached Form 3." The above judgment was finalized on February 4, 2014.

(In the Daejeon High Court Decision 2012Na7272, hereinafter referred to as the "Prior Action"). 【No dispute exists, evidence No. 1-2, Gap evidence No. 1-2, Gap evidence No. 2, 3, 4, 8, evidence No. 9-1 to 4.

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