beta
(영문) 서울남부지방법원 2018.07.27 2017가합114482

배당이의

Text

1. With respect to the distribution procedure case of Seoul Southern District Court D, the distribution schedule prepared by the said court on December 22, 2017.

Reasons

1. Basic facts

A. Defendant B Co., Ltd (hereinafter “Defendant Company”) registered the provisional attachment (Seoul Southern District Court 2014Kadan70702) on the claim amount on October 30, 2014, as KRW 707,808,219, the right to claim ownership transfer registration of F Co., Ltd. (hereinafter “F”) with respect to the Daegu Suwon-gu Eandong Ean-gu size of 186.4 square meters and above ground buildings. On December 3, 2014, the provisional attachment registration of the said land and building was completed.

B. On February 17, 2016, F deposited KRW 707,808,219 (Seoul Southern District Court Decision 847, 2016) with the amount of money for the cancellation of the execution of the provisional seizure (hereinafter “instant claim”). Around that time, F entered into a contract with Defendant C to transfer the claim for the recovery of the deposit money (hereinafter “instant claim”) with Defendant C, and transferred the claim for the recovery of the said deposit (hereinafter “instant claim”). On February 18, 2016, F notified the instant claim transfer by content-certified mail to the Republic of Korea.

C. As to the instant claim, the Plaintiff received each of the orders to seize and assign claims (Seoul Southern District Court 2016 Doz. 104601), and issued a collection order (the same court 2016 Doz. 1053666) with the same claim amount on August 25, 2016, as the claim amount, KRW 9,092,495,996 as KRW 9,092,496, which was the claim amount on September 27, 2016.

On December 22, 2017, the Seoul Southern District Court: (a) distributed KRW 707,808,219 to the Defendant Company of the collection obligee that fulfilled the provisional attachment with the first priority after deducting execution expenses in D distribution procedures; (b) drafted a distribution schedule to distribute KRW 515,121 to the Defendant Company of the collection obligee who performed the provisional attachment with the second priority; and (c) filed the instant lawsuit on December 28, 2017.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 5, Eul evidence 7 (including branch numbers; hereinafter the same shall apply), Eul evidence 3, the purport of the whole pleadings

2. The Plaintiff’s assertion that Defendant C entered into with F.