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(영문) 서울서부지방법원 2018.07.25 2018가단1097

배당이의

Text

1. The claim of this case is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. Nonparty C filed an application for compulsory execution with a notary public against Nonparty D on the basis of a promissory note No. 5896, No. 1997, the Ejoint law office, No. 5896, and D filed a lawsuit of objection (Seoul Western District Court Decision 98Da43567, Nov. 19, 1998), and filed an application for the suspension of compulsory execution (Seoul Western District Court Decision 98Da1975) at the same time.

B. On November 27, 1998, the Western District Court ordered D to suspend the above compulsory execution until the judgment of the above claim is rendered, and D deposited KRW 1,700,000 as a security to suspend execution. On the same day, D deposited KRW 1,70,000 with the above C as the depositee and deposited KRW 1,70,000 as the depositer.

(Seoul Western District Court No. 2073, 2073, hereinafter referred to as "the instant deposit"). (c)

On May 12, 1999, the Western District Court rendered a judgment that compulsory execution exceeds KRW 20,000,000 in a lawsuit of objection against the above claim, which became final and conclusive on June 1, 1999.

The plaintiff filed a claim for the seizure and collection order concerning D's right to request the return of the deposit of this case in accordance with D's No. 496 No. 496, 1998 No. 496, and the Seoul District Court rendered a decision on June 1, 1999 on the seizure and collection order of D's right to request the return of the deposit of this case.

On the other hand, this was written on June 14, 199 on matters relating to the restriction on payment of the deposit money of this case.

E. On September 24, 2008, the Geumcheon Tax Office seized D’s right to claim the return of the instant deposit money according to each delinquent amount of global income tax, etc. (the due date for payment June 15, 2006, March 14, 2006, February 23, 2006), which is equivalent to KRW 16,236,90,00 in total, and notified the deposit officer of the Seoul Western District Court on September 26, 2008, and released the said seizure on August 21, 2014.

F. The deposit officer of the Seoul Western District Court on January 27, 2014