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(영문) 서울고등법원 2015.11.17 2015나11733
배당이의
Text

1. The incidental appeal of the plaintiff (appointed party) and the designated parties shall be dismissed, respectively;

2. The defendant's appeal is dismissed.

3...

Reasons

1. Basic facts

A. As to each real estate listed in the separate sheet of real estate owned by R (hereinafter “each of the instant real estate”), the co-defendant G of the first instance court applied for provisional attachment of the claimed amount of KRW 1.53 billion in amount, 1.53 billion in the amount claimed under the High Government District Court Decision 2012Kadan50459, Jul. 5, 2012. The Defendant was issued a provisional attachment order on July 4, 2012, by filing an application for provisional attachment of the claimed amount of KRW 1.42 billion in the amount claimed under the High Government District Court Decision 2012Kadan50460, Jun. 4, 2012.

B. As regards each real estate of this case, the auction procedure was commenced under the Suyang District Court I, J (Joint), K, L, M, N,O, P, Q (Joint).

C. On the basis of the enforcement title of the R (the enforcement title against the R of the plaintiff and the designated parties is not submitted on the record) the plaintiff and the designated parties demanded the distribution of the R in the above auction procedure. On December 19, 2013, the appellate court of the Jung-gu District Court made a distribution schedule that distributes the amount of KRW 4,681,280,93 to be actually distributed on the date of distribution of the above auction procedure (hereinafter “instant distribution schedule”). Among them, the amount of the claims and the amount of dividends of the plaintiff, the designated parties, the defendant and the aforementioned G are as listed in the following table.

The amount of credit shall be determined based on the following facts: A 1,140,539,729 won 228,603,066 won b 189,057,534 won 37,893,579 won 37,5793,579 won c 484,284,283,289 won d 1,289,753,422 won 258,510,510 won e 1,146,65,752 won 229,830,930 won - 426,468,492 won 85,478,833 won 80,500 won , 287,500,500 won , 286, 2608, 2036, 308, 20630 won -

D. The Plaintiff and the designated parties have raised an objection to the entire amount of dividends against the Defendant and G on the date of the above distribution.

E. After the judgment of the first instance court was rendered, the Defendant and G filed an appeal against each losing part, and the Plaintiff and the designated parties filed an incidental appeal against the Defendant and G at the trial. G voluntarily withdrawn the appeal on October 26, 2015.

[Reasons for Recognition] A without dispute, Gap evidence Nos. 3, 14, 15.

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