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(영문) 수원지방법원 성남지원 2018.03.13 2015가단206033
배당이의
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. D around 201, around 201, entered into a contract for new construction of a building listed in the attached Table (hereinafter “instant building”) on the ground of 576.6m2 (hereinafter “instant land”).

B. After that, the Defendant filed a lawsuit with the Seoul Southern District Court 2013Kahap13062, which stated that “A and the Defendant (D) shall pay to the Plaintiff (A) 1,674,00,000 won and 20% interest per annum from the day after the original copy of the payment order was served to the day of complete payment,” and D accepted the above claim on October 10, 2013.

C. On March 26, 2015, the auction court distributed KRW 494,470,251 to the Defendant the dividends amounting to KRW 3,120,705,753 (the principal amount of KRW 1,674,00,000, interest amount of KRW 446,705,753), which is KRW 494,470,251, which is the Suwon District Court’s Sungnam Branch Branch B, C (Dual) real estate compulsory auction (hereinafter “instant auction procedure”) with the selling real estate. The auction court set up a distribution schedule that distributes the dividends amounting to KRW 18,653,00,00 to the Plaintiffs (hereinafter “instant distribution schedule”).

The representative of the plaintiffs appeared on the date of the above distribution, and raised an objection against KRW 45,522,559 out of the defendant's dividend amount, and thereafter filed the lawsuit of this case on March 31, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 4, 5, 12, Eul evidence Nos. 2 and 7, the purport of the whole pleadings

2. The assertion and judgment

A. The Defendant asserted that the Defendant occupied the instant building as the lien holder prior to the instant auction procedure, and used the said building by leasing rent, monthly rent, etc. to those who include their relatives.

This was the owner of the instant building at the time.

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