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(영문) 부산고등법원 2020.05.21 2019나50925
청구이의
Text

1. The plaintiff's appeal is dismissed.

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

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

Reasons

1. The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations made by the plaintiff in the court of first instance, and the fact-finding and decision of the court of first instance are justifiable even if the evidence additionally submitted to the court of first instance after being duly admitted and examined

Therefore, the reasons why this court is to be stated are as follows, except for the partial revision of Paragraph 2 below.

(The main text of Article 420 of the Civil Procedure Act) Part 2. 5. 5. 5.1 to 7.2.

“E. The Defendant applied for a compulsory auction for one-half shares owned by the Plaintiff among the instant real property based on the instant notarial deed, and the said 1/2 shares constitute a compulsory auction on February 14, 2018 (hereinafter “instant compulsory auction”).

) Although the real estate in this case was sold in the proceeding, not only was the entry registration of the decision to commence compulsory auction (Ulsan District Court M) made by the Defendant as a creditor on July 12, 2017 but also the entry registration of the decision to commence voluntary auction (Ulsan District Court N) made on August 16, 2017 as creditor, and each of the above auction procedures were conducted in duplicate.

[2] Of the distribution schedule prepared by the Ulsan District Court on April 4, 2018, the amount of dividends against the Defendant was zero won. Accordingly, on April 9, 2018, the Defendant filed a lawsuit of demurrer against the Defendant’s distribution amounting to KRW 234,090,234, which is the mortgagee, among the above distribution schedule, KRW 49,090,234, and the Defendant’s distribution amount was KRW 185,000,00 (Ulsan District Court 201Da8711), but the appellate court was sentenced to the dismissal ruling on September 11, 2018, and the appellate court was sentenced to the dismissal judgment on May 23, 2019 (the District Court 2018Na25477), and the judgment of the court of first instance became final and conclusive on July 8, 2018).

The 10th to 3th of the first instance judgment "the defendant is either from 2 to 3rd of the judgment."

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