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(영문) 서울고등법원 2018.10.11 2018나2004343
배당이의
Text

1. The part against the defendant in the judgment of the first instance is revoked.

2. Seoul Western District Court G, H(Dus).

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 on each of the instant real estates on July 1, 2003, due to a contract establishing a contract dated July 1, 2003, with respect to each of the instant real estates, the debtor JA and the maximum debt amount, respectively.

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

C. Each of the instant real estate was sold through the procedure for compulsory auction (hereinafter “instant auction procedure”) by the Seoul Western District Court G (H). On July 12, 2017, a distribution schedule in which the amount of KRW 653,788,816 to be actually distributed was formulated on the date of distribution, which was implemented on July 12, 2017, was distributed as follows (hereinafter “instant distribution schedule”).

A creditor-based dividend-based dividend-based dividend-based dividends-based 200,000,000 100% on Defendant 2’s 314,167,685 8.59% C2 1,130,409,8.59% on Plaintiff 2’s 133,316,390 on August 59, 29

D. On the date of the above distribution, the Plaintiff raised an objection against the total amount of each dividend to the Deceased, Defendant, and C, and thereafter filed the instant lawsuit on July 19, 2017, one week thereafter.

E. Meanwhile, the Plaintiff filed a lawsuit against Q to pay the loan claim amounting to KRW 1.155 billion and the delay damages therefrom (U.S. District Court 2009Gahap6789).

(The above judgment became final and conclusive on July 28, 201). After that, C filed a lawsuit against J against the claim for a loan and the payment of the amount of KRW 750 million and the damages for delay.

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