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(영문) 청주지방법원제천지원 2011.08.17 2011가단1770

배당이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. As Cheongju District Court Decision 2009Kahap32 against the Plaintiff, the Defendant filed an application for provisional injunction against interference with passage on June 18, 2009 with respect to provisional injunction against interference with passage (hereinafter “the provisional injunction order of this case”) against the Plaintiff on the part of the stores located on the first floor among the F shopping districts in Ycheon-si, the Plaintiff obstructed the Plaintiff and applied for provisional injunction against interference with passage. The above court rendered a provisional injunction against interference with passage on June 18, 2009, ordering the payment of enforcement fines of KRW 100,000 per day if the Defendant violated this order (hereinafter “the provisional injunction order of this case”).

B. Although the plaintiff raised an objection to the decision of provisional disposition of this case, the above court authorized the above decision on July 21, 2009 (Cheongju District Court Decision 2009Kahap46) (Cheongju District Court Branch 2009Kahap46). The plaintiff appealed, but the appellate court dismissed the plaintiff's appeal on September 25, 2009 (the Daejeon High Court Cheongju District Court 2009Ra25). The above provisional disposition decision became final and conclusive around that time.

C. On November 19, 2009, the Defendant received a provisional attachment order as to H, I, J, and K of the first floor among the buildings owned by the Plaintiff with the claim claim against the charge for compelling the performance, etc.

(Cheongju District Court Decision 2009Kadan971). D.

After that, the auction on the real estate of this case was conducted (Cheongju District Court support C, D (combined). On April 25, 201, the auction court prepared a distribution schedule to distribute 15,910,000 to the defendant, who is the provisional seizure creditor, the provisional seizure creditor.

E. On May 17, 2011, the Defendant was granted the execution clause regarding KRW 61,800,000 for enforcement fines from the Cheongju District Court’s Jeju District Court’s branch on the instant provisional disposition order.

[Ground of recognition] Evidence No. 1, Evidence No. 1, Evidence No. 1, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment thereon

A. Plaintiff 1) The Plaintiff did not know of the Defendant and did not interfere with the passage, and there is no disabled person in G-disabled School claiming that the Defendant operated. 2) The Defendant is a litigation fraud.