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(영문) 의정부지방법원 2016.09.21 2016가단111683
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of the dispute

A. The subject matter of auction in the progress of the case of compulsory auction of real estate D (hereinafter “instant auction case”): The F date of distribution of the first floor of E building 101 and six debtors: F date of distribution in the distribution schedule on January 8, 2016, Gyeyang Agricultural Cooperatives (hereinafter “Yyang Agricultural Cooperatives”); creditors requesting distribution of G part G G G G dividends (payment Order) 368,958,826 won, 826 won, 86,24,987 won, Yangyang Agricultural Cooperatives did not raise any objection against the amount of distribution of G from the date of distribution on January 8, 2016.

In January 15, 2016, the Gyeyang Agricultural Co., Ltd filed a lawsuit of demurrer to the distribution with the content that the entire amount of dividends for the said G was deleted as the District Government District Court 2016Kadan1564, and that the said G was distributed in the future of the Yangyang Agricultural Cooperatives.

In a lawsuit of demurrer against distribution, the above court rendered a ruling of recommending reconciliation with the following contents on April 18, 2016, and the above ruling became final and conclusive on May 10, 2016.

Of the distribution schedule prepared by the above court on January 8, 2016, the amount of dividends to the defendant shall be 86,244,987 won, and the amount of dividends to the plaintiff shall be corrected to 455,203,814 won, among the distribution schedule prepared by the above court on the compulsory auction of real estate D.

B. After the progress of the distribution procedure case C by the Jung-gu District Court (hereinafter “instant distribution procedure case”), with respect to the dividend payment claim (or, in the case of deposit of the said dividend, deposit claims) distributed in the G in the instant auction case, the original copy of each decision was served in the Republic of Korea, which is the third debtor, as follows.

The applicant is the Government District Court of 2016TTTT 2016TT 5118 and the Government District Court of 2015Kadan50432 and the collection order - Creditor: the Plaintiff - the debtor: The revenue and expenditure of the Government District Court in the jurisdiction of the Republic of Korea.

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