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1. Defendant B’s KRW 50,212,120 as well as 5% per annum from January 25, 2015 to August 19, 2016 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The occurrence of the instant claim for the withdrawal of dividends, and the existing lawsuit between the Plaintiff and the Defendant B, and the medical corporation F (hereinafter “F”).
(2) G G 1285 m2 and 5 m2 above ground-based medical facilities (hereinafter “instant real estate”).
2) The co-mortgaged real estate of this case (hereinafter “the co-mortgaged real estate of this case”) was owned by G and H.
(2) On August 29, 2008, on the ground of the contract to establish the right to collateral on the same date, the registration of the establishment of the right to collateral in the name of Defendant B was completed due to the transfer of the right to collateral on the same date as of December 24, 2009. (2) At the auction commenced on December 9, 2010 for the instant real estate and the instant joint collateral (hereinafter “instant auction”), on July 26, 201, the distribution schedule was prepared with the content that Defendant B received KRW 361,282,242 as the mortgagee of the instant real estate, and the aggregate amount of KRW 375,00,000 as the joint collateral owner of the instant real estate, including KRW 13,717,758,758,000,000, as the joint collateral owner of the instant real estate.
On August 3, 2011, the auction court deposited the above dividends (hereinafter “instant dividends”).
(B) On August 12, 2011, the Plaintiff filed a lawsuit against Defendant B on August 12, 201, demanding the transfer of the part corresponding to the instant real estate among the claim for dividend payment in the instant case, and was sentenced to dismissal at the first instance court (see, e.g., Gwangju District Court Decision 2011Gahap2727, Aug. 23, 2012), but the Plaintiff was sentenced to acceptance of the claim at the second instance (see, e.g., Gwangju District Court Decision 2011Na2727, Jul. 31, 2013; Supreme Court Decision 2012Na5307, Jul. 31, 2013; Supreme Court Decision 2012Na5307, supra).
(1) The Defendant’s appeal is dismissed (Supreme Court Decision 2013Da66546 Decided January 23, 2014).