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(영문) 의정부지방법원 고양지원 2018.04.05 2017가단10520
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The provisional registration of the Plaintiff and E’s right to claim the transfer of ownership was completed on May 12, 2015, each of the two parcels of land owned by the Defendant, based on the sales contract on May 12, 2015 (the date of May 12, 2015) with respect to one-half shares of the F 1,046 square meters and the G 2,514 square meters (hereinafter “each of the instant parcels of land”).

B. In the instant case of the auction of real estate on four parcels of land, including H 6,984 square meters prior to H, 3,300 square meters prior to I, the same court held that, on June 21, 2017, the amount to be actually distributed on the date of distribution is 9,51,747,744 won among the 5,509,591,781, 781, 3,421,05, 479 won in the Savings Bank, 3,479, 60, 609, 60, 307, 360, 406, 306, 47, 306, 306, 306, 47, 406, 97, 306, 97, 306, 405, 97, 306, 964, 97, 305, 964, 965, 3

C. The Plaintiff and E appeared on the date of distribution, and raised an objection to the full amount of the Defendant’s dividends, respectively, and filed the instant lawsuit on June 28, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1 and 2, Gap evidence 3-1 and 2, the purport of the whole pleadings

2. The Plaintiff’s assertion is determined as follows: (a) the Defendant received dividends of KRW 70,097,776 of the proceeds from the sale of each land of this case as a surplus; (b) the Plaintiff and E (hereinafter “Plaintiff, etc.”) on May 12, 2015 to the Defendant on the purchase price of each land of this case 1,292.

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