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(영문) 서울서부지방법원 2019.04.03 2017가합1295
배당이의
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On January 28, 2002, J acquired ownership of each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) due to inheritance by agreement division.

On July 2, 2003, the deceased I (hereinafter referred to as the “the deceased”) completed the registration of creation of a mortgage (hereinafter referred to as the “mortgage of this case”) with respect to each of the instant real estates on July 2, 2003, on the ground of the contract executed on July 1, 2003, with respect to each of the instant real estates, the debtor JA and the maximum debt amount, respectively.

B. On October 10, 2013, Defendant B filed an application with J for a determination of the amount of litigation costs, and received on October 21, 2013, the Seoul Western District Court Decision 2009Dahap9898, Seoul Western District Court Decision 2010Na12662 decided March 23, 2012, that “The amount of litigation costs that J is to pay to Defendant B is KRW 13,165,620” (Seoul Western District Court Decision 2013Kacal343).

C. On April 30, 2015, the Plaintiff received a payment order from J to the effect that “J shall pay to the Plaintiff the amount of KRW 1,035,332,930 and the amount calculated at the rate of 30% per annum from February 1, 2009 to the date of full payment” (U.S. District Court 2015 tea1487; hereinafter “instant payment order”), and the instant payment order was finalized on May 27, 2015.

Each real estate of this case was sold through a compulsory auction procedure (hereinafter “instant auction procedure”) in Seoul Western District Court G (H). On July 12, 2017, a distribution schedule was formulated that distributes the amount of KRW 648,614,484 to be actually distributed on the date of distribution as follows (hereinafter “instant distribution schedule”).

A creditor-based dividend-based dividend-based dividend-based dividend-based dividends-based 200,000,000 100% on the deceased 1-mortgage 2,204,167,685 8.59% on the deceased 2-based demand for distribution-based dividends-based 1,130,4098.59% on the defendant F2-based demand for distribution-based dividends-based 133,316,390.59% on the defendant F2 demand for distribution-based dividends-based

E. On the date of the above distribution, the Plaintiff raised an objection against the total amount of dividends against the Deceased, Defendant B, and F.

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