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(영문) 서울고등법원 2016.02.25 2015나2036424
배당이의
Text

All appeals filed by both the plaintiff and the defendant are dismissed.

Expenses for appeal shall be borne individually by each person.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. 1) On August 17, 2007, the registration relation is 6,200 square meters (hereinafter “instant land”) prior to G in Pyeongtaek-gun, Gyeonggi-do on August 17, 2007

On July 22, 2008, the registration of ownership transfer was completed in the Plaintiff’s name. (2) On the instant land, the registration of ownership transfer was completed in the vicinity of KRW 260,000,000,000 for the mortgagee, the Defendant, the debtor, and the maximum debt amount.

(hereinafter “instant collateral security”). B.

1) On May 14, 2010, the decision on voluntary auction was rendered on the instant land upon the Defendant’s application, a mortgagee, on May 14, 2010 (the District Court E; hereinafter “instant auction procedure”).

(2) On September 12, 2014, the registration of ownership transfer was completed on the instant land due to the sale on June 27, 2014 in accordance with the instant auction procedure.

3) In the instant auction procedure, the Defendant reported the amount of KRW 260 million and interest of KRW 93,984,657 as a mortgagee of the instant land. (c) At the instant auction procedure, the Defendant: (a) 3,817,780 won and the relevant tax amount of KRW 3,817,780 and KRW 260,000 and KRW 30,703,03,160 and KRW 273,083,219,50 and KRW 93,984,657, and KRW 28657 (a) as a mortgagee of the instant land; (b) 32,869, 970 and KRW 260,000,000 and KRW 260,000,000 and KRW 30,000,000 and KRW 163,000,000,000,000 won and KRW 16367,57,71,5757.

2) The Plaintiff appeared on the aforementioned date of distribution, and raised an objection against the total amount of dividends to the Defendant, and filed the instant lawsuit on August 19, 2014. The Plaintiff brought a lawsuit of this case on August 19, 2014. 【In the absence of dispute over the grounds for recognition, Party A’s 1, 2, and 4, Party A’s evidence

2. The parties' assertion

A. Plaintiff 1.

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