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1. Of the instant lawsuit, the amount of dividends against the Defendant exceeds KRW 140,924,178, and the amount in excess.
Reasons
1. Facts of recognition;
A. On June 26, 2015, the date of distribution, the distribution schedule was prepared to distribute all of KRW 205,458,609 to the Solomon Savings Bank in order to distribute all the actual dividends to the Kulomon Savings Bank (hereinafter “the first auction of this case”), with respect to the real estate owned by SamloM Co., Ltd. (hereinafter “Seoul”), each auction procedure was initiated, and the Defendant raised an objection against the distribution.
(1) In the instant case of demurrer against the distribution, the first instance court rendered a judgment that revises the dividend amount of the Solomon Savings Bank to KRW 205,458,609, and the dividend amount of the Defendant to KRW 205,458,609, as the Defendant (the Plaintiff’s position in the instant case) won won in favor of the Defendant in the instant case of demurrer against the distribution, and the appellate court rendered a judgment that revises the dividend amount to the Defendant to KRW 205,458,609, respectively.
B. In addition, in the auction case of the above court D, E (Joint), regarding the real estate owned by Samw Co., Ltd (hereinafter “the second auction of this case”), the distribution schedule was prepared to distribute the amount of KRW 1,317,482,860, out of KRW 2,019,840,749, which is to be actually distributed to the Defendant, in the first order. On August 13, 2015, the special purpose company with which notice was given, filed a lawsuit of demurrer against the Defendant by raising an objection against the Defendant.
(Court 2015 Gohap74299) c.
In addition, in the auction case of the above court A, B (Joint), C (Joint), and C (Joint), with respect to the real estate of Samw Co., Ltd (hereinafter “instant auction”), the distribution schedule was prepared to distribute the total amount of KRW 13,344,246,278, which is to be actually distributed to the Defendant, to the Defendant first order, and the total of KRW 174,09,066 and KRW 154,150,926, which is to be distributed to the Plaintiff in the third order. On December 30, 2015, the Plaintiff raised an objection against the total amount of dividends to the Defendant, and filed a lawsuit of demurrer against the objection against the distribution of the instant amount.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2, the purport of the whole pleadings
2. Of the lawsuit of this case, the amount that was not distributed among the Plaintiff’s claims for delivery.