배당이의
The plaintiffs' claims are dismissed.
The costs of lawsuit shall be borne by the plaintiffs.
1. Basic facts
A. On July 28, 2016, the Plaintiffs received a decision on provisional seizure of real estate (Seoul Central District Court No. 2016Kadan807099, hereinafter “instant provisional seizure”) from Plaintiff I (hereinafter “I”) on the claim amount of KRW 180,000,000 ( KRW 50,000,000,000 for each of the instant real estate, KRW 34,000,000,000 for Plaintiff C4,000,000,000 for each of the Plaintiff D, and KRW 10,000,000 for each of the instant real estate), and completed the registration following the date.
B. On October 20, 2017, I issued a promissory note with a face value of KRW 8.155 billion at sight (hereinafter “instant promissory note”) to the Defendant. On the same day, when a notary public delays the payment of the said note under No. 160 of the J in 2017, I drafted an executory exemplification of a notarial deed with the purport that there is no objection even if he/she is subject to compulsory execution (hereinafter “instant notarial deed”).
C. On May 11, 2018, the Seoul Central District Court deposited KRW 180,000,000,000,000,000 of the claim amount of the provisional seizure of this case (hereinafter “the instant provisional seizure”) with the Seoul Central District Court No. 11849, May 1, 2018 (hereinafter “the instant provisional seizure”), and on May 14, 2018, revoked the instant provisional seizure.
On June 11, 2018, the Defendant received a seizure and collection order (Seoul Eastern District Court 2018TTTT 2018TT 6645, hereinafter referred to as “instant seizure and collection order”) against the right to claim the collection of the deposit in the instant case that I had against the Republic of Korea on the basis of the instant notarial deed.
E. In the distribution procedure of the instant amount of deposit (Seoul Eastern District Court H), the instant court drafted a distribution schedule with the content that distributes KRW 180,005,439, which became final and conclusive as the actual amount to be distributed on September 18, 2018, as follows (hereinafter “instant distribution schedule”).
1 Plaintiff A’s dividends amounting to KRW 50,00,000,000, KRW 1,079,947 Plaintiff B’s provisional attachment right holder KRW 50,000,000, KRW 1,079,947, Plaintiff C.