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1. Of the instant lawsuits, the part of the purport of the claim of KRW 336,640 shall be dismissed.
2. A, B (Dual) of the Seoul Central District Court.
Reasons
1. Facts of recognition;
A. In Seoul Central District Court Decision 2014Gahap538753 Claims and Revocation of Fraudulent Act, the Plaintiff was sentenced to the judgment that “C Co. and D jointly and severally with the Plaintiff for KRW 696,00,00,297 and KRW 285,483,080 from March 25, 2014; KRW 406,789,565 from April 29, 2014; the Plaintiff paid each of the delayed payment damages from April 29, 2014; the Seoul High Court Decision 2015Na2038185, supra; the Seoul High Court Decision 2015Na2038185, supra; the Plaintiff was revoked with respect to the registration of a fraudulent act on January 16, 2014 between D and F (beneficiary).”
(Final Judgment). (b)
Accordingly, in the case of the compulsory auction of real estate in Seoul Central District Court A (creditor), B (Duplicate), which commenced with respect to the above real estate, the court of execution prepared a distribution schedule with the third priority of the defendant (competent tax office), who is the tax payer, as shown in the attached Table on October 6, 2016, the date of distribution, and the third priority of the lessee with the fixed date as shown in the attached Table on October 6, 2016.
C. On the aforementioned date of distribution, the Plaintiff, a creditor, raised an objection against the entire amount of KRW 145,305,316 against the Defendant, as to the amount of KRW 110,617,59, the Gyeonggi Credit Guarantee Foundation, which demanded a distribution of KRW 110,617,59, out of the amount of dividends against the Defendant, and thereafter, the Plaintiff filed the instant lawsuit on October 12, 2016, and the Gyeonggi Credit Guarantee Foundation filed a lawsuit of demurrer against the distribution under Seoul Central District Court Decision 2016Ga523797.
The court of the above Seoul Central District Court case 2016dan5235797 decided March 14, 2017 corrected the dividend amount of KRW 145,305,305,316 to the defendant as KRW 346,640 among the distribution schedule prepared by the same court on October 6, 2016.