배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff asserted that, as Daegu District Court Decision 2014Kahap3046, KRW 300,000, which is part of the claim for damages against C Agricultural Partnership (hereinafter “Non-Party Corporation”) was the claim amount, and filed an application for provisional attachment of real estate with the Non-Party 129,751 square meters of land D forest land owned by the Non-Party Da Hong-gun, Hongsung-gun, Hongsung-gun, and received a decision of acceptance from the above court on May 22, 2014.
B. On October 28, 2015, a non-party corporation deposited KRW 300,000,000 in the Daegu District Court (hereinafter “instant amount of deposit”) with the deposit money for the cancellation of provisional attachment execution.
C. The Defendant asserted that the Hongsung Branch of Daejeon District Court issued a claim amounting to KRW 1,00,763,880 against the non-party corporation as the Hongsung Branch 2016TT 656, and filed an application for a seizure and collection order with the debtor, the third debtor, the Republic of Korea, and the amount of the claim, KRW 1,000,763,880, and the object as the claim for recovery of the amount of deposit in the instant case, and received a decision of acceptance from the above court on March 24, 2016.
The distribution procedure was conducted on May 4, 2016, under which the Plaintiff’s credit amount was KRW 300,000,000, and the Defendant’s credit amount was KRW 1,000,763,880, respectively. On the other hand, on May 4, 2016, the Daejeon District Court calculated the dividends of the Plaintiff and the Defendant in the way of distributing the amount of the instant deposit according to the ratio of the amount of credit.
Accordingly, the distribution schedule of the instant distribution procedure (hereinafter “instant distribution schedule”) was written as KRW 69,208,412 of the Plaintiff’s dividend amount, and KRW 230,870,931 of the Defendant’s dividend amount respectively.
E. On May 4, 2016, the Plaintiff appeared on the date of distribution of the instant distribution procedure, and stated an objection against the whole amount of dividends to the Defendant among the instant distribution schedule, and filed the instant lawsuit on May 10, 201, within one week thereafter.
[Grounds for recognition] without dispute;