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1. Of the distribution schedule prepared by the same court on April 2, 2014 with respect to A real estate compulsory auction application cases in this Court A.
Reasons
1. The amount of claims against the intervenor succeeding to the defendant: 178,823,168 won (Evidence A7) 161,251,58 won (Evidence 16,141,200 x 205 days x 695 days ± 365 days) = 178,823,168 (B), the total amount of claims against the intervenor succeeding to the defendant: 769,440,258 won (Evidence 1 and its calculation result) 178,823,168 won: Defendant 211,060,276 won, National Bank of Korea 379,56,814 won: 16,590,240 won (Evidence 1): The dividends to the creditors of the third order 16,590,240 won ± 16,570,6465 won (Evidence) ±67,5706,75045 won (Evidence 16,5467);
2. The judgment on a lawsuit of demurrer against a distribution against the defendant is effective only for the creditors who are parties to the lawsuit, and when determining the creditors entitled to receive dividends with respect to the disputed dividends and their amount, the plaintiff's dividends shall be deemed the plaintiff's dividends and the remainder shall be maintained as the defendant's dividends, as sought within the limit of the amount of claims held by the plaintiff without considering the claims of other creditors who did not raise an objection.
(1) The Plaintiff’s dividends amounted to KRW 4,550,763 won-4,286,722 won = 264,041 won - 264,041 won - 4,561 won -30,520 won -30,520 won -30,520 won : 4,5594,561 won - 4,330,520 won -520 won
3. According to the conclusion, it is reasonable to rectify the amount of 4,286,722 won against the plaintiff among the distribution schedule prepared by the same court as of April 2, 2014 as 4,550,763 won, and the amount of 4,594,561 won against the defendant as 4,330,520 won among the distribution schedule prepared by the same court as of the case of applying for a compulsory auction against A real estate in this court. Thus, the plaintiff's claim is accepted within the scope of the above recognition, and the remaining claims are dismissed for reasons as they are without merit.