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1. Defendant among the distribution schedule prepared on December 24, 2014 by the above court with respect to the distribution procedures of Busan District Court D and E (Dual).
Reasons
1. Basic facts
A. On November 7, 2002, the Plaintiff purchased 15,000 square meters (hereinafter “instant land”) from F and G in Busan, Seo-gu, Busan, which is H ownership, and newly constructed the telecom (hereinafter “instant building”), and entered into an agreement on the same business with the intent to sell and distribute profits from the purchase of the aggregate construction, and on March 30, 2010, the F agreed on May 20, 2004 to July 20, 2009 that the Plaintiff distribute the profits of KRW 15,000,000 each month from May 20 to July 20, 2009.
On November 8, 2012, the plaintiff filed a lawsuit against F to claim the payment of the above agreed amount, and the Busan High Court rendered a judgment that "the defendant (F) shall pay to the plaintiff the amount of KRW 930,00,000 and the amount calculated at the rate of 5% per annum from February 11, 2011 to November 8, 2012, and 20% per annum from the next day to the date of full payment." On March 27, 2014, the above judgment became final and conclusive by a judgment of the Supreme Court.
B. On January 20, 2010, F leased the instant building to J as KRW 600,000,000, monthly rent of KRW 20,000,000, and on February 1, 2010, F completed the registration of the establishment of a mortgage over KRW 600,000,000 in the J’s claim for the refund of the lease deposit against the instant land and building as the secured claim. On April 27, 2011, J transferred the lessee’s status as to the instant building to Defendant C, while transferring the lessee’s status as to the instant building, and the said right to lease and the said right to collateral security was also transferred to Defendant C on the same day.
C. On November 6, 2014, Defendant B issued a collection order against KRW 150,00,000 among the claim for dividend payment in the instant distribution procedure held by Defendant C against the Republic of Korea, as Busan District Court 2014TT 28462.
In the instant dividend procedure, the Busan District Court shall pay the actual amount of KRW 3,456,076,717 on December 24, 2014.