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(영문) 수원지방법원평택지원 2013.09.25 2011가합4027
배당이의
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

A. A distribution schedule was prepared by absorbing each dividend amount of the Defendant, Sampoto Co., Ltd. and Cheongju Tax Co., Ltd., and finally allocating KRW 2,346,454,783 to the Defendant, who is the mortgagee, and KRW 636,451,053 to the Plaintiff, the applicant creditor.

The details of dividends against the third creditors of each building of this case are as follows.

The amount to be distributed to the creditors of the third priority in the building: 2,982,905,836 won (total amount to be actually distributed - 1,200 won) (the total amount to be distributed - the amount to be distributed 1,200,000 636,451,0536,451,053, the final distribution amount to be distributed to the creditors of the third priority in the building, and the creditor of the right to demand distribution, 23,923,972,601), 1,241,079,534,454,783, including the amount of dividends to be distributed to the creditors of the third priority in the building, up to 16.91,075,60,689,794,769,79,758,964,965,79,79,79,506,984,57,96,506,5,2964,5,7,2069

3) The Plaintiff appeared on the date of distribution, and raised an objection against the whole amount of KRW 2,346,454,783 (the amount received from each of the buildings of this case) out of the Defendant’s dividend amount of KRW 2,346,454,783 (the amount received from each of the buildings of this case). [Grounds for recognition] The Plaintiff did not dispute, Gap’s evidence Nos. 1 through 7, 9, 13, 14, and Eul’s evidence Nos.

hereinafter the same shall apply.

each entry, the purport of the whole pleading

2. Judgment on the main claim

A. Since the Plaintiff’s claim exists and the Defendant’s claim does not exist, the distribution schedule should be corrected by allowing the Defendant to distribute the dividend received from each of the instant buildings to the Plaintiff.

나. 원고의 배당채권 유무 1 살피건대, 앞서 본 바와 같이 원고는 이 사건 변제각서에 따라 오쉘윈에 대하여 최소보장이익금 45억 원, 주식회사...

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