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(영문) 서울중앙지방법원 2016.04.27 2016가합54
배당이의
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. A lessee 14,637,443 won 1 C lessee 14,637,443,00 won due to a dividend distributed to the defendant in the order of priority in paying dividends;

A. From the Seoul Central District Court J real estate auction procedure (hereinafter “the first auction procedure”) with respect to the portion of 116.62/51 of the building listed in Attached Table 2 (hereinafter “the instant building”) owned by I, the Defendants reported the right as a lessee and demanded the distribution as follows: (a) on January 17, 2014, Defendant B and C received dividends as follows.

B. On the other hand, on March 21, 2013, the Plaintiff filed an application for provisional attachment with the Seoul Central District Court No. 2013Kadan1033 on the instant building and executed two-thirds of the shares in the land listed in the attached Table No. 1, which was I owned (hereinafter “instant land”) and the instant building, as the claim for loans and unjust enrichment with respect to I as the claim.

C. Since then, the Defendants again filed a report on the right as lessee and demand for distribution under the Seoul Central District CourtH Real Estate Compulsory Auction Procedure (hereinafter “Secondary Auction Procedure”) with respect to the portion of 182.89/29, remaining as owned by I even after the first auction procedure among the instant land and the instant building, and the said court distributed dividends to the Defendants and excluded the Plaintiff, who is the provisional seizure right holder, from the dividend payment.

The amount of dividends for the defendant 1 B (Small Sum) 10,362,57 won 1 C lessee 10,362,557 won 4 F lessee 15,00,000 won 6D lessee 85,000,000 won 7 E lessee 30,769,105 won

D. The Plaintiff appeared on the aforementioned date of distribution, and raised an objection against the dividend amount of the Defendants, and filed the instant lawsuit on January 4, 2016.

[Ground of Recognition] Defendant E, F: The facts that there is no dispute over Defendant B, C, and D: The written evidence Nos. 1, 2, and 3 A-1, 2-1, 2-2, and evidence Nos. 1-1, 2-2, and E-B, the purport of the whole pleadings, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion is during the first auction procedure by the Defendants.

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