배당이의
1. Of the distribution schedule prepared on October 29, 2014 by the said court in the distribution procedure for the Yeongdeungpo-gu District Court Younguk Branch C, the above court against the defendant.
1. Facts of recognition;
A. On September 5, 2011, the Plaintiff and D filed an application for provisional seizure of real estate with the Ulsan District Court 201Kadan34777 regarding real estate located in the Dong-gu, Ulsan District Court 201Kadan3477, the damage claim of KRW 99.6 million as the preserved claim, and the said court rendered a decision of provisional seizure of real estate (hereinafter “instant provisional seizure”).
B. On November 18, 201, E requested G to lend KRW 9,60,000,000 to G as it would only use and return the instant provisional seizure because there is no preserved claim.
As a result, G lent KRW 99.6 million to E on the same day at the maturity of November 25, 201 and at the rate of 20% per annum, and E was prepared and delivered a notarial deed (No. 2024, 201) with respect to the above loan.
C. On November 21, 201, after borrowing the above money from G, E deposited the provisional seizure of this case as the deposit money for the purpose of revoking the execution of the provisional seizure of this case (hereinafter “the deposit money of this case”) with the Ulsan District Court No. 4742, 201, No. 9600,000 won.
G filed an application for the attachment and assignment order of claims with respect to the above notarial deed with respect to the right to claim the deposit against the Republic of Korea by the Daegu District Court (Seoul District Court Decision 2011TTTT 1141). On December 9, 2011, the said court rendered a decision on the attachment and assignment order of claims with respect to the same claim.
E. Meanwhile, the Defendant filed an application for the attachment and assignment order with the Ulsan District Court 2014TTT1439 regarding KRW 53,475,334, among the claims for dividend claim against Korea in the distribution procedure in the Yeongdeungpo-gu District Court Youngdong Branch C, and the said Ulsan District Court decided on February 5, 2014 regarding the attachment and assignment order as mentioned in the said application.
F. In the distribution procedure of the Younguk District Court Young-gu District Court Young-gu Branch C, the said court distributed the sum of KRW 101,588,812, and interest thereon, on October 29, 2014, to the Plaintiff, who is the person entitled to provisional attachment of KRW 48,006,475, the principal amount of KRW 24,860.