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(영문) 서울서부지방법원 2015.06.04 2014가합2686
배당이의
Text

1. The plaintiff's lawsuit against the defendants is dismissed in entirety.

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

Reasons

Basic Facts

Defendant B filed a lawsuit against the Plaintiff for the purchase price at the Jeju District Court. On September 13, 2012, the said court rendered a judgment ordering the Plaintiff and each of the Defendant B to pay KRW 878,00,000 and delay damages at the rate of 20% per annum from November 25, 2011 to the date of full payment.

The appeal filed by the plaintiff, but the decision became final and conclusive as the appeal was dismissed.

Defendant C filed a lawsuit against the Plaintiff as Jeju District Court 2012Kadan6379, and the above court concluded a mediation to the effect that on August 9, 2012, the Plaintiff paid KRW 50 million to Defendant C for the payment of KRW 10 million each month from October 2012 to February 2, 2013, the Plaintiff would lose the benefit of time and pay the unpaid amount in addition to delay damages at the rate of 20% per annum.

Defendant Jung-jin Fire Fighting Co., Ltd. filed a lawsuit against the Plaintiff for the payment of the construction cost as Jeju District Court Decision 2012Kadan6368, and on September 13, 2012, the above court concluded a mediation to the effect that the Plaintiff would pay the Defendant Jung-man Fire Fighting Co., Ltd. the amount of KRW 60 million up to February 28, 2013, and, if the payment is not made, the Plaintiff would pay the damages for delay at the rate of 20% per annum from the day following the due date to the date of complete

Upon Defendant B’s application, the compulsory auction of real estate was conducted on the basis of this court D, E (Dupl) with respect to the cement 162 square meters in Mapo-gu Seoul Metropolitan Government G, and the cement 162 square meters in the same ground brick structure and 78.35 square meters in the same ground, and the underground room 14.31 square meters in the underground room, which is owned by the Plaintiff. On March 18, 2014, this court drafted a distribution schedule to Defendant B, based on the aforementioned judgment or mediation protocol, based on the distribution date on the aforementioned judgment or mediation protocol, as the distribution date on March 18, 2014, the distribution schedule was formulated to distribute KRW 249,932,645 won to Defendant C, and KRW 12,272,06

(hereinafter “instant dividends”). [Ground] does not dispute.]

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