배당이의
1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Basic facts
A. On August 17, 2007, E leased three floors of the housing located in Ansan-gu, Jeonsan-si from D with the lease deposit amount of KRW 70,000,000, monthly rent of KRW 300,000, and the lease term of KRW 60,000 from October 6, 2007 to October 5, 2009. At that time, E paid the above lease deposit to D, and the said lease term was renewed with the same content on October 5, 2009.
B. On August 11, 2011, the Plaintiff received a claim amounting to KRW 38,186,238 on the basis of the executory exemplification of the judgment in Suwon District Court 201 Doz. 8122, and the Defendant A received a collection order for the seizure and collection of KRW 38,186,238 on the basis of the executory exemplification of the judgment (U.S. District Court 201 Doz. 22082). On November 26, 2012, the Defendant A received a collection order for the seizure and collection of KRW 7,500,000 on the basis of the authentic copy of the money loan contract in 208 Doz. 918, No. 918, a notary public received a claim amounting to KRW 7,500,000 on the basis of the authentic copy of the money loan contract in Suwon District Court 2009, No. 4009, Nov. 27, 2012>
(U.S. District Court 2012T.S. 17692)C.
As above, when the collection order for the seizure and collection of the claims by the Plaintiff and the Defendants, the obligees of E, D, the obligor, deposited KRW 38,186,238 as Suwon District Court 1161 on March 25, 2013.
On May 20, 2013, the Suwon District Court’s distribution procedure for the said deposit was drafted a distribution schedule with respect to each of the dividends of KRW 9,226,291 against the Plaintiff, KRW 1,812,097 against the Defendant A, and KRW 27,181,462 against the Defendant B.
E. On May 27, 2013, the Plaintiff raised an objection to the entire amount distributed to the Defendants on the aforementioned date of distribution, and filed a lawsuit of demurrer against distribution on May 27, 2013, which was seven days thereafter.
[Ground of recognition] Unsatisfy, Gap evidence 1, 13, 14.