beta
Text
1. In Seoul Central District Court A distribution procedure case, the above court against the Plaintiff out of the distribution schedule prepared on July 21, 2017.
Reasons
1. Facts of recognition;
A. The distribution procedure of KRW 242,09,369, which was deposited by Seoul Central District Court 2017 Geum2612, was commenced in the same court A. On July 21, 2017, the above court made a distribution schedule of KRW 242,135,70 (in addition to the above deposit, KRW 92,588, 56,257 is added, and the enforcement cost is deducted by KRW 56,257), one of the amount to be actually distributed as of July 21, 2017, and KRW 51,840,230 (hereinafter “undeveloped Development”) to the Defendant, who is the person entitled to provisional seizure, as of the second priority, and KRW 51,840,230 (the amount of claim, KRW 366,321,668), and KRW 60,851,706 (the amount of claim, KRW 430,000,00) to the Plaintiff.
B. The Plaintiff appeared on the date of distribution ( July 21, 2017), and stated an objection against the amount of distribution to the Defendant, and filed the instant lawsuit on July 28, 2017, which was seven days thereafter.
[Grounds for recognition] The items of evidence Nos. 5 and 6, and the purport of the whole pleadings.
2. Determination
A. The Defendant’s ground for revising the instant distribution schedule was 88,239,147 won from the development of the base, and the Defendant’s claim amount for the Defendant’s dry development was not 366,321,668 won, but 278,082,521 won, and the Defendant did not dispute this, the instant distribution schedule prepared on the premise that the Defendant’s credit amount for the dry development was 366,321,668 won should be corrected.
B. It is obvious that the amount to be corrected is 41,497,516 won (=241,635,700 won) plus (278,082,52,521 won ±1,619,245,435 won), if the amount to be corrected is calculated based on the actual amount of the Defendant’s claim, and the amount to be distributed to the Defendant in the distribution procedure of this case is 41,497,516 won (=242,135,700 won to be actually distributed to the first person).
However, since a lawsuit of demurrer against a distribution filed by a creditor is to resolve disputes surrounding the amount of dividends among creditors who are the opposing parties, the judgment of the lawsuit belongs to the dividends of the lawsuit relatively among creditors who are the original and the defendant.