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1. On September 12, 2012, between the Plaintiff (Appointed) and the designated parties and the Defendants, the Busan District Court Eastern District Court stated on September 12, 2014.
Reasons
1. Basic facts
A. (1) The status of the party, etc. (1) the Plaintiff (designated parties; hereinafter “Plaintiffs”) and the designated parties (hereinafter referred to as “the Plaintiff and the designated parties”) jointly leased KRW 405,00,000 in total to the Integy Construction Co., Ltd. (hereinafter “Plaintiffs”) and the Defendant B, the network C, and the J jointly leased KRW 405,00,000 in total to the Ingyn Construction Co., Ltd. (hereinafter “the name of the Co., Ltd.”) and the joint mortgagee who completed the registration of the establishment of a mortgage with the maximum debt amount of KRW 60,000 on September 20, 1991.
(2) The deceased on January 15, 2001, and the heir of the deceased on January 15, 2001, Defendant F, H, D, E, G, and I, a child.
(1/6 of the shares in inheritance) The deceased on August 22, 2012, the deceased on August 22, 2012, and the inheritor has the defendant K (the shares in inheritance 3/11), the defendant L, M, N, andO (the shares in inheritance 2/11 of the shares in inheritance).
B. (1) On September 2, 2014, at the Plaintiff’s request, the voluntary auction procedure for the instant real estate was in progress, and on September 2, 2014, KRW 203,192,830 (hereinafter “instant dividend”) was distributed to the Plaintiffs, etc., a joint mortgagee of the first priority on the date of distribution.
(2) On September 12, 2014, the Busan District Court deposited KRW 203,239,892, which added the interest in arrears to the instant dividend as the penalty No. 1789 on September 12, 2014, on the ground that the Plaintiffs were not aware of the dividends that they would pay to each party because they did not submit a claim statement, etc.
C. Regarding the dividend (1) based on the loan ratio, the Plaintiff’s loan is KRW 60,00,000, KRW 160,000, KRW 15,000, KRW 15,000, and KRW Q’s loan is KRW 15,000. The Plaintiff’s dividend out of the instant dividend is KRW 30,102, KRW 611, KRW 80,273,562, and KRW Q is 7,525,652.
(2) Each of the loans and dividends in the event that each of the instant dividends is distributed in accordance with the loan ratio to the Plaintiffs and the Defendants’ private capital and the instant dividends are distributed as specified in the attached Table.