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(영문) 서울동부지방법원 2015.08.13 2014가합5676
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 8, 2008, the Defendant received a decision of provisional attachment of real estate with the claim amounting to KRW 400 million against the F apartment on the ground, 301, 302, 401, 502, and 503 (hereinafter collectively referred to as the “instant apartment”) on the part of Seoul Special Metropolitan City E, Gwangjin-gu, Seoul Special Metropolitan City, which owned the network D (the deceased on August 11, 2008, hereinafter referred to as the “the deceased”).

(Seoul Eastern District Court 2008Kadan1293).b.

On December 3, 2012, G, a co-inheritors of the deceased, and H shared 1/2 shares, respectively, on December 3, 2012, the Plaintiff received a decision of provisional attachment of real estate with the aggregate of KRW 360 million for the claim for the return of the sale price claim and the claim amount as to the apartment of this case, and the claim amount as to the apartment of this case.

(Seoul Eastern District Court 2012Kadan10519). (c)

Afterward, the auction court of the Seoul Eastern District Court C's Voluntary Auction case, which has the object of auction in Seoul Special Metropolitan City I 473.9m2 and the apartment complex in this case, has determined the amount of KRW 1,269,07,056 which is to be distributed on the date of May 9, 2014 as the actual dividends of KRW 1,259,87,886 which is the remainder of KRW 9,119,176 which is to be distributed from the date of distribution, and the amount of KRW 1,259,87,886 which is to be actually distributed to the Republic of Korea (Seoul Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City City Mayor's 140,515 won, and has the remaining amount of KRW 288,896 won to the Plaintiff and the Defendant's 2.757,71,47500,7500,750,70000 won to each company

(hereinafter “instant dividends”). D.

The defendant shall make the merits against the provisional seizure.

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