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(영문) 부산지방법원 2016.08.11 2013가합18236

배당이의

Text

1. On August 28, 2012, the corporeal movables listed in the separate sheet between Defendant B and E were concluded.

Reasons

1. Basic facts

A. On August 30, 2012, the Plaintiff and E Co., Ltd. (hereinafter “Plaintiff”) drafted an executory notarial deed (Law No. 1529, G2012, No. 1529, supra; hereinafter “instant notarial deed”) with the content that the Plaintiff and E assumed the Plaintiff to pay KRW 200 million to the previous Plaintiff by December 5, 2012. In the event of nonperformance of the said deed, the Plaintiff and E drafted an executory notarial deed (hereinafter “instant notarial deed”).

B. Compulsory execution procedures for the instant corporeal movables and objection 1) The Plaintiff, based on the said notarial deed, shall file corporeal movables listed in the attached list located within the Busan H Ground Building (hereinafter “instant corporeal movables”).

(2) The aforementioned corporeal movables were sold in the amount of KRW 184,980,00 on July 18, 2013, and the Busan District Court FF made a distribution procedure (hereinafter “instant distribution procedure”) to Busan District Court (hereinafter “instant distribution procedure”).

3) On October 28, 2013, a date of distribution, the executing court presented a distribution schedule of KRW 182,347,91, the amount to be actually distributed as indicated below [Attachment 1]. The plaintiff raised an objection against the defendants as to all of Defendant B 90,99, 99, 2, Defendant C91, 165, 7543, 19,5574 45,574 I Co. 45, 9605, Defendant D116,641. [Grounds for recognition] There is no dispute, and the plaintiff 3 through 6 (including a serial number; hereinafter the same shall apply) is included in the distribution schedule.

each entry, the purport of the whole pleading

2. As to the plaintiff's claim against the non-party company and the defendant C's claim regarding the status in the distribution procedure of this case

A. Defendant C’s assertion that the instant notarial deed was invalid as it was by the act of the J without the power of representation against the non-party company. <2> The Plaintiff, in addition to the instant deed, was issued by this Court 2013Gahap15848.