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(영문) 수원지방법원 2014.11.27 2014가단520043
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff filed an application for a compulsory auction with the Suwon District Court E with respect to the D Apartment Nos. 106 and 102 (hereinafter “instant real estate”) at the Young-gu Seoul High Court 2008Na10929 on November 3, 2009, based on the executory exemplification of the judgment in the damages claim case No. 2008Na10929, the Plaintiff filed an application for a compulsory auction with the Suwon District Court E on the basis of the executory exemplification of the judgment in the damages claim case No.

B. Nonparty 1’s management planning consulting limited liability company (hereinafter “new”), based on the No. 406 of the document No. 406 of 2009, Nonparty 200 million won, a notary public with respect to the loan claim amounting to KRW 200 million against C, based on the said auction procedure.

C. On June 25, 2010, the auction court opened a date of distribution, and prepared a distribution schedule with the content that distributes KRW 30,084,91 to the Plaintiff as the actual amount of dividends, and KRW 51,419,234, respectively, to the Plaintiff, who distributed KRW 268,59,102, which was the remainder after deducting the execution cost from the proceeds of sale of the instant real estate, from the proceeds of sale of the instant real estate. The Plaintiff appeared on the said date of distribution and stated an objection against the said dividends, and filed a lawsuit of demurrer to distribution with the Suwon District Court 2010,1937.

Accordingly, the auction court deposited the amount of 51,419,234 won to the Suwon District Court 2010-6081.

E. The plaintiff raised against the New Zealand.

In a lawsuit of demurrer against distribution under Paragraph (1), the court rendered a judgment that “as regards a compulsory auction against real estate E in the same court, the amount of dividends of 51,419,234 won for new cargo shall be reduced to KRW 13,403,660, and the amount of dividends of 30,084,91 won shall be increased to KRW 120,000,000,000, among the distribution schedule prepared by the same court as to a compulsory auction against the said real estate, the correction of the above distribution schedule was finalized on May 25, 2012.”

(A) No. 4. F. On the other hand, the distribution schedule for the remaining dividends of 13,403,660 won which have not been corrected through the lawsuit of demurrer against the distribution is as they are.

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