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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On July 29, 2009, the Defendants filed an application for an auction on the real estate owned by a non-party partnership (2086/2378 shares in Gyeyang-gu H 2, 257m2, 1st 2,818m2, 862.6/952 shares among the real estate owned by the non-party partnership (2,307Na93051, 93068, Apr. 30, 2008) with a title [the Seoul High Court Decision 2007Na93051, 93068, Apr. 30, 2008] to the G reconstruction Housing Association (hereinafter “non-party partnership”) and received a commencement decision on October 16, 2009.
B. On March 31, 2015, the Defendants received dividends from each of the 85,522,283 won [i.e., principal amount of KRW 93,810,165 [i.e., KRW 55,374,165 [i.e., KRW 38,436,00] compared to the claim amount of KRW 55,374,165] on the date of distribution of the above auction procedure. The Plaintiff received dividends from the non-party partnership amounting to KRW 49,062,929 [i.e., KRW 9.81%) on the date of distribution of the above auction procedure.
C. The agent of K, a creditor of the non-party partnership, expressed an objection to the dividend amount to the Defendants in subrogation of the non-party partnership on the above distribution date, but thereafter did not file a lawsuit of demurrer to distribution within the statutory period. Accordingly, the Defendants received each of the dividends in accordance with the final distribution schedule.
Meanwhile, during the period from July 3, 2009 to February 10, 2010, the Defendants divided the total of KRW 128,782,517 ( ① KRW 32 million on July 3, 2009, ② KRW 16,782,517 on July 16, 2009, ③ KRW 20 million on July 20, 2009, ④ KRW 60 million on February 10, 2010, and KRW 60 million on February 10, 2010, which were paid to Defendant A by Nonparty Cooperative’s representative present on the date of the instant distribution:
(based on recognition), Gap 1, 2 and 4 evidence, the purport of the whole pleadings, and the purport of the whole pleadings, without any dispute (based on recognition)
2. The parties' assertion
A. The money the Plaintiff asserted against the non-party partnership, etc. is against the non-party partnership of the Defendants.