배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff, on March 15, 2017, received a claim amounting to KRW 13,000,346 (hereinafter “instant collection order”) and received a collection order for the claim amounting to KRW 13,00,346 (hereinafter “instant collection order”), and served on March 15, 2017, the final judgment on the loan case with the Changwon District Court Tong-won Branch 2016Kahap10496, which was rendered against the new agricultural cooperative (hereinafter “instant deposit claim”) (hereinafter “instant collection order”), and was served on the new agricultural cooperative on March 15, 2017.
On November 25, 2016, the Defendant received a seizure and collection order of the claim amounting to KRW 200,000,000 for the instant deposit claim (Chowon District Court 2016TTY 4225). The said order was served on the new agricultural cooperative on November 30, 2016.
Accordingly, on March 27, 2017, when the new agricultural cooperative deposited the entire amount of the instant deposit claim in the Changwon District Court as the head of the Changwon District Court 2017Hun311 and reported the cause, the distribution procedure for the distribution of the instant deposit claim C (hereinafter “instant distribution procedure”) began.
In the instant distribution procedure, a court of execution prepared a distribution schedule with the amount of dividends to the Plaintiff KRW 778,123, and the amount of dividends to the Defendant KRW 11,970,819 (hereinafter “instant distribution schedule”) on the date of distribution, which was in progress on May 25, 2017, and the Plaintiff filed the instant lawsuit after attending the said date of distribution and raising an objection.
On the other hand, the Plaintiff submitted a claim statement stating the claim amount of 351,830,000 won in the instant dividend procedure on May 10, 2017.
[Reasons for Recognition] Facts without dispute, entry of Gap 1 through 7 and Eul 1 to 3, the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff asserted that the distribution schedule of this case was unlawful based on KRW 13,00,346, which is the claim amount of the collection order of this case, although the plaintiff was entitled to receive dividends based on the amount of KRW 351,830,000 according to the claim statement submitted in the distribution procedure of this case.
Accordingly, the defendant shall attach each claim and collect a collection order.