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(영문) 서울동부지방법원 2015.04.10 2014가합1162
배당이의
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On March 17, 2011, the Plaintiff prepared a lease agreement between E and Songpa-gu Seoul Metropolitan Government F apartment 212 Dong 202 (hereinafter “instant real estate”) with respect to the lease deposit amounting to KRW 250 million, and from March 31, 2011 to March 30, 2013, with respect to the lease deposit amounting to KRW 250 million.

B. On March 17, 201, the Plaintiff remitted to E KRW 50 million, KRW 50 million on March 22, 2011, KRW 60 million on March 30, 2011, and KRW 50 million on March 31, 201, respectively.

C. On April 12, 201, the Plaintiff filed a move-in report on the instant real estate, and obtained a fixed date in the said lease agreement on the same day.

Defendant C filed a claim for the agreed amount of KRW 630 million against Party C and the delayed payment damages therefor, and received a favorable judgment. The appeal was filed by Party E, but the final judgment was rendered on May 14, 2013 and the final judgment became final and conclusive on May 14, 2013.

(1) The Seoul Eastern District Court Decision 201Gahap15504 decided June 14, 2012, and the second instance: Seoul High Court Decision 2012Na57233 decided April 24, 2013). E.

On June 25, 2012, Defendant C applied for compulsory auction of the instant real estate with the foregoing judgment bond as Seoul Eastern District Court D, and on June 26, 2012, the auction procedure was initiated according to the decision to commence the auction of the said court.

F. On January 24, 2014, the said auction court opened a distribution date, and prepared a distribution schedule with the content that distributes dividends as indicated below, after determining the amount of actual dividends of KRW 591,236,969, which was the remainder after deducting the expenses for enforcement from the proceeds of sale, from the proceeds of sale.

1,314,560 won (the relevant tax) 1,314,560 won 1,314,560 won (the relevant tax) 2,372,344,204 won 372,344,204 won 1,641,200 won (the Bank) 3,641,00 won 1,640 won (transfer tax) 6,458,640 won 6,458,640 won 40% 1,640% of the dividends distribution ratio for creditors holding priority in distribution schedule 372,34,344,204 won (the Bank) 3,641,00 won 1,640 won 170,000 won 4,3634,459,459.4.

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