배당이의
1. Each of the Defendants and C shall revoke a debt repayment agreement concluded on May 3, 2016, respectively.
2.
1. Basic facts
A. On November 25, 201, the Plaintiff filed a lawsuit against C for the claim for the payment of the construction price (Seoul District Court 201 Gohap 222128) against the Plaintiff’s claim against C on November 25, 2011, and following an appeal and final appeal, the Plaintiff rendered a final and conclusive judgment ordering C to pay “7,051,60 won for the sale price and the interest on the intermediate payment and the interest on the substitute payment amount of KRW 10,503,40, and the interest on the delayed payment amount of KRW 10,503,40 and the interest on delay payment for each of the above money
Based on the above judgment claim, the Plaintiff received a claim attachment and collection order as to “the claim for withdrawal against the Republic of Korea against the money deposited by one asset trust of the Seoul Eastern District Court No. 3836, May 20, 2016 as to “the money deposited by one asset trust of the Seoul Eastern District Court No. 2016, the Seoul Eastern District Court No. 3836 (hereinafter “instant deposit”).”
B. On May 3, 2016, Defendant A’s preparation and seizure/collection C and Defendant A made a notarial deed on May 3, 2016, “Defendant A, on May 3, 2016, determined and lent KRW 40,000,00 to C on May 8, 2016 as the due date for payment. In the event C fails to perform its obligation, a notary public, who was immediately subject to compulsory execution, drafted a notarial deed on C-P PP PP (P) agreement No. 220, 2016.”
On June 8, 2016, on the basis of the above notarial deed, Defendant A applied for a collection order for the seizure and collection of the claim for payment of the deposit of this case by C, and accordingly, Defendant A was issued a collection order for the seizure and collection of the claim under the Incheon District Court Order 2016TT16732 on July 15, 2016.
C. On May 3, 2016, Defendant B’s agent E and Defendant B, the agent of Defendant B in preparing and seizing and collecting notarial deeds, approved Defendant B to the effect that “C bears the obligation of KRW 100,000,000 as the investment agreement amount to Defendant B on December 24, 2010, and the due date shall be determined on May 8, 2016. Where C fails to perform its obligation, a notary public, who, without delay, did not object to compulsory execution, drafted an authentic deed of debt reimbursement agreement (quasi-loan) on No. 153, 2016.”
Defendant B is a notarial deed above.