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(영문) 인천지방법원부천지원 2016.10.28 2016가단16261

배당이의의소

Text

1. Of the distribution schedule prepared on June 22, 2016 by the above court with respect to the distribution procedure B case of the Incheon District Court Branch Branch District Court.

Reasons

1. The following facts are either disputed between the parties, or acknowledged based on Gap evidence 1, Gap evidence 2, Eul evidence 3, Gap evidence 4, Gap evidence 5, Gap evidence 6, Gap evidence 7, and the whole purport of the arguments.

The target Construction Co., Ltd. (hereinafter referred to as the "Subject Construction") had a claim for construction price of KRW 58,810,940 (hereinafter referred to as the "instant seized Claim") with respect to the Construction of Warehouse for the Kimpo-si in Kimpo-si.

B. On February 4, 2015, as Seoul Southern District Court Decision 2015Kadan634, a retirement allowance of KRW 11,897,250 as a claim claim amount, and as to the amount up to the above amount among the claims subject to the instant seizure, C received a decision of provisional seizure of claims (hereinafter “provisional seizure 1”), and the said decision reached as of February 9, 2015.

C. On June 24, 2014, the Plaintiff filed a lawsuit for construction cost payment against the relevant construction, which was concluded on June 24, 2014, and subsequently, pursuant to the above conciliation protocol, issued a seizure (hereinafter “instant seizure order”) and a collection order (hereinafter “instant collection order”) against the claim amounting to KRW 58,823,013 among the claims subject to the instant seizure under the title of protocol as of February 12, 2015, as of February 12, 2015, the Plaintiff received a seizure (hereinafter “instant seizure order”) and a collection order (hereinafter “instant collection order”), and the said decision reached at the time of Kimpo-si on February 16, 2015.

The Plaintiff was issued an assignment order (hereinafter “instant assignment order”) with respect to the amount up to KRW 45,00,000, out of the amount attached by the instant seizure order among the claims subject to the instant seizure, as of February 26, 2015, Incheon District Court Branch Decision 2015TTT21, and the said order reached the time of Kimpo-si on March 2, 2015.

E. The Defendant, D, and E are the designated parties to the instant seized claim under the 2015Kadan801 dated March 16, 2015, with the Defendant as the Defendant’s designated parties.