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(영문) 의정부지방법원 2017.04.19 2015가단122044
배당이의
Text

1. Of the distribution schedule prepared on October 29, 2015 by the above court with respect to the case of voluntary auction of real estate E by the District Court E.

Reasons

1. On October 29, 2015, the aforementioned court held a date of distribution on the premise of the dispute, and prepared a distribution schedule stating the following (hereinafter “instant distribution schedule”) in the Jung-gu District Court E Real Estate Auction Case (hereinafter “instant auction case”) or the instant auction procedure (hereinafter “instant auction procedure”).

Defendant B (Appointed Party) Defendant B’s 11 11 of the distribution order of Defendant CD D D D D’s dividends amounting to KRW 35,568,824,00,000 as top priority wage claims, top priority wage claims, 10,777,770,100,100 100% of the dividend ratio of KRW 10,000,000 10,000% 100% of the dividend ratio of KRW 10,000,000, 100% of the creditors, 233 reasons for the distribution order of Plaintiff C’s 2,59,58,011,020,608,715 won, second priority wage claims, second priority wage claims, and dividends amounting to KRW 35,568,00,00,00,000 among the parties to the instant distribution, the Plaintiff appeared within 10,015.

[Reasons for Recognition] Facts without dispute, Gap 2, 3, 4, 5-1 to 6, 1 to 6-4, and the purport of the whole pleadings

2. The fact that Defendant C did not have the claim for advance notice of dismissal equivalent to KRW 1,777,770 against J as to the claim against Defendant C is deemed to have been led by Defendant C under Article 150(3) and (1) of the Civil Procedure Act.

Therefore, in the auction case of this case, the above execution court's preferential distribution of KRW 1,777,770 to Defendant C is unlawful. Therefore, it is reasonable to delete the dividend amount of KRW 1,777,770 from the distribution schedule of this case and distribute the above amount to the Plaintiff.

3. Determination as to claims against Defendant (Appointed Party) A, Defendant B, and D

A. The gist of the Plaintiff’s assertion 1) The Defendant (Appointed Party) A, the rest of the designated parties (F, G, H, I), Defendant B, and D (hereinafter collectively referred to as “Defendant, etc.”).

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