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(영문) 수원지방법원성남지원 2014.09.26 2014가단205729

배당이의

Text

1. Of the distribution schedule prepared by the said court on March 28, 2014 in the Suwon District Court’s Sung-nam Branch C distribution procedure case, the Defendant is the defendant.

Reasons

1. Basic facts

A. On November 17, 2011, the Plaintiff filed a lawsuit against D Co., Ltd. (hereinafter “Nonindicted Company”) on the claim for delivery of real estate, etc., the District Court Decision 201Kahap1801, which rendered a judgment in favor of the Plaintiff on November 17, 201, including that, from January 18, 2011, the Non-Party Company and E paid to F and the Plaintiff an amount calculated at the rate of KRW 13,00,000 per month from the date of completion of delivery of the above-mentioned multi-story housing, the non-party Company and E paid to F and the Plaintiff the amount of money calculated at the rate of KRW 1,539, G in Yangju-si, the non-party Company and the Plaintiff. The said judgment became final and conclusive on December 8, 2011.

B. The Plaintiff received each of the above real estate on January 20, 2012. Based on the executory exemplification of the above judgment, the Plaintiff received the claim attachment and collection order under the Suwon District Court Branch 201, 201, 201, 157,258,064 won (=13,00,000 won x 70,000 won (from January 18, 201 to January 20, 201) which was part of the claim amount of KRW 12 months x 70,000 won x 20,000 won x 201, 201, 393,687 won out of the remainder amount as the claim amount, and received the above collection order under the court heading on February 6, 2012. < Amended by Act No. 113825, Jun. 23, 2012>

C. On March 9, 2010, the non-party company issued and delivered a promissory note (hereinafter “instant promissory note”) with a face value of KRW 150 million to the Defendant. On April 5, 2012, the Defendant entrusted the non-party company with the preparation of a notarial deed on the said promissory note on behalf of the non-party company, to I affiliated with the Seoul Dong District Public Prosecutor’s Office, and received from the above notary public a notarial deed No. 283 of 2012 (hereinafter “instant notarial deed”). On the 27th of the same month, the non-party company was prepared and issued a notarial deed No. 283 of 200,000 based on the instant notarial deed, with a claim amount of KRW 150,000,000 as Suwon District Court Branch Branch Branch Branch 2012T4724 against the Korea Land and Housing Corporation.