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(영문) 서울고등법원 2014.06.24 2013나69240
배당이의
Text

1.With respect to the distribution procedures cases in the District Court D, E (Dual), F, G, H (Joint), I (Dual) and D, D, E (Dual).

Reasons

1. Basic facts

A. The reasoning for this Court’s explanation is as follows: (a) the corresponding part of the judgment of the court of the first instance (No. 3, No. 2, and No. 8, No. 4) is identical to that of the corresponding part of the judgment of the court of the first instance except for the amended part as follows; and (b) thus,

B. 1) Part 6 of the judgment of the court of first instance is as follows. 3) U has filed an application for attachment and assignment of claims for KRW 86,595,381 among the dividend claims in the procedures of auction of real estate (hereinafter “auction of this case”) with the Daejeon District Court 2012TTTT16 to the Republic of Korea as follows: D, E (Du), F, H (Joint), G, H (Joint), I (Joint), I (Joint), I (Joint), I (Joint), and I (Joint) Auction of Real Estate (hereinafter “Auction of this case”); and the above decision was finalized on January 1, 2013; 2) the last day through the 6th of the judgment of the court of first instance, through the 7th page 7th of the judgment, “this court D, E (Du), G, H (Joint), and 5th of the auction procedure” in each case; 5th of the 5th of the auction procedure in each case, “the auction procedure of this case” in each of this case.

4) On the 8th page 2, the term “witness” in the 8th page 8 is close to the “witness of the first instance trial”. 5) The term “this court” in the 8th page 3 is close to the “court of the first instance trial.”

2. The Plaintiffs filed a request for correction of the amount of KRW 1,521,609,780 against the Defendant in the first instance trial on the Defendant’s defense before the merits of the instant case, among the distribution schedule of the instant case, as KRW 66,879,829. However, upon submitting the “application for extension of the claim and modification of the cause of the claim” as of May 13, 2014 at the trial, the Plaintiffs expanded the claim by changing the purport that the amount of dividends against the Defendant among the distribution schedule of the instant case No. 1, the correction of KRW 1,521,609,780 to KRW 580,284,448.

In addition, the plaintiff A is against the plaintiff A of the second distribution schedule of this case.

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