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(영문) 서울고등법원 2017.11.24 2017나2032198
배당이의
Text

1. The plaintiffs' appeal is 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. On January 20, 2012, the Asian Construction Co., Ltd. (hereinafter “AD”) completed the registration of initial ownership of the buildings indicated in the separate sheet (hereinafter “instant building”) by Suwon District Court, Suwon District Court, the registration office, and the registration of initial ownership was completed with Defendant J as to the entire building of this case’s maximum debt amount of KRW 600,00,000,000. On April 5, 2012, the registration was completed on April 3353 of the same registry office (hereinafter “the registration of initial establishment”).

B. Of the instant building, each floor, excluding “one floor, which is a parking lot and eight water tank room,” was converted into an aggregate building on April 23, 2012, and registration of preservation of ownership on each floor was completed.

C. The plaintiffs' occupied portion, lease deposit, move-in date, and fixed date are as follows with the lessee of the section of exclusive ownership of the building of this case.

A 506,00,000 on March 23, 2012, the date of the move-in report for the occupied portion, A 506, 45,000, B 604, 45,000 on March 12, 2012, the sixth 6th 403,00, 600, 600 on January 18, 2012, 200, 606. 706, 50, 706, 50, 206. 6. 20, 206. 13, 20, 206. 8, 20, 200, 70, 700, 200, 70, 707, 50, 20, 205, 20, 206. 16, 20, 2012

On September 12, 2014, the instant building was voluntarily decided to commence auction to K with Suwon District Court on September 12, 2014, and each decision to commence compulsory auction was rendered on April 22, 2015 with the same court L, M, N, andO (Dus) and was sold in a lump sum at KRW 568,30,000 on November 568, 2016.

E. On December 13, 2016, the date of distribution of the above auction, the distribution schedule was prepared for KRW 774,989,131, including the actual dividend amount of KRW 221,91,00,00, which is the date of distribution of the above auction, as stated in the attached Table 1. Each aggregate building, namely, the distribution order by the floor and the dividend amount, are as shown in attached Table 2.

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