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(영문) 춘천지방법원영월지원 2015.04.01 2014가단3349

배당이의

Text

1. Of the distribution schedule prepared on September 4, 2014 by the said court with respect to the distribution procedure C cases in the Youngcheon District Court Youngcheon Branch C.

Reasons

1. Basic facts

A. On May 23, 2013, the Plaintiff filed a lawsuit against D for the payment of the purchase price with the Pyeongtaek-gun District Court Decision 2013 Ghana14, which rendered a judgment that “D shall pay to the Plaintiff the amount calculated at the rate of 20% per annum from January 25, 2013 to the date of full payment,” and the above judgment became final and conclusive around that time.

Then, the Plaintiff filed an application for the seizure and collection order of the claim amounting to KRW 11,005,537 with the Youngcheon District Court Branching 2013TTT1149. On July 1, 2013, the above court issued the seizure and collection order of the lease deposit return claim for the FF of the Gangwon-gun, Gangwon-gu, Gangwon District Court, which D had against E (hereinafter “the lease deposit return claim of this case”). The above order was served to E around that time.

B. Meanwhile, on October 31, 2013, the Defendant filed an application for provisional seizure of the instant lease deposit claims with the 50 million won loan claims against D as preserved right, and received a provisional seizure order against the instant lease deposit claims from the above court on October 31, 2013, and the said provisional seizure order was served to E around that time.

C. E was served with the Plaintiff’s claim attachment and collection order and the Defendant’s provisional seizure order, and deposited KRW 6,600,000 in the balance of the lease deposit of this case in the Youngcheon District Court’s territorial monthly support.

(Sacheon District Court Youngcheon Branch of Chuncheon, No. 404, 2014). D.

On September 4, 2014, a court of execution prepared a distribution schedule (hereinafter “instant distribution schedule”) stating that KRW 1,189,749,231, out of KRW 6,594,980 (i.e., KRW 6,600,00 interest of KRW 7,580- enforcement cost of KRW 12,600), which shall be actually distributed to the Plaintiff, and KRW 5,405,231, which shall be distributed to the Defendant (hereinafter “instant distribution schedule”), and the Plaintiff was present on the date of distribution and stated an objection on September 5, 2014. < Amended by Presidential Decree No. 25548, Sep. 5, 2014>