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Plaintiff and appellant
In Korea, the 9th Asset-Backed Company (Law Firm Chungcheong, Attorneys Kim Jong-ap et al., Counsel for defendant-appellant)
Defendant, Appellant
Yang J-ho (Attorney Jeon Chang-soo, Counsel for the defendant-appellant)
Conclusion of Pleadings
February 6, 2013
The first instance judgment
Seoul Central District Court Decision 2012Ra11096 Decided November 20, 2012
Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The judgment of the first instance shall be revoked. In the distribution schedule prepared by the same court on May 2, 2012 in the real estate auction case of Seoul Central District Court No. 201799, the dividend amount of KRW 7,509,333 against the defendant shall be KRW 0, and the dividend amount of KRW 11,101,194 against the plaintiff shall be corrected to KRW 18,610,527, respectively.
Reasons
The reasoning of the judgment of the court is the same as that of the judgment of the court of first instance, and thus, it is accepted by the main text of Article 420 of the Civil Procedure Act.
Therefore, the plaintiff's claim of this case shall be dismissed as it is without merit, and the judgment of the court of first instance shall be just and it shall be dismissed as it is so decided as per Disposition.
Judge Lee Jin-jin (Presiding Judge)