배당이의
1. As to the distribution procedure case B in Suwon District Court, the above court against the defendant among the distribution schedule drawn up on August 19, 2013.
1. On April 2, 2012, the Defendant issued a provisional attachment (No. 2011Kadan51257) No. 2013, 106,838,50 won (No. 2011Kadan51257) with respect to the Defendant’s claim for construction payment against C, which was held by the Jeju Comprehensive Construction Co., Ltd., Ltd. on April 2, 2012, and issued a provisional attachment and collection order (No. 201Kadan51257) with respect to the provisional attachment, the Defendant’s provisional attachment of real estate owned C as of July 19, 2012, and C deposited as the District Court No. 6994 with respect to the District Court No. 2012 201
On May 13, 2013, the Plaintiff received a collection order from the Suwon District Court 2013TTT 10793 regarding the right to claim the above deposit collection.
The Suwon District Court, upon proceeding with the distribution procedure as B on August 19, 2013, prepared a distribution schedule of KRW 50,911,256 to the Defendant on the date of distribution, and distributed KRW 56,771,836 to the Plaintiff. The Plaintiff raised an objection to the amount of distribution of the Defendant.
[Grounds for recognition] A1 to 5, the purport of the whole argument
2. The plaintiff's assertion of the parties is that the defendant takes over the claim for construction price from the main liability construction before provisional seizure of the defendant's claim for construction price against C of the main liability comprehensive construction, and there is no seized claim, and the distribution of dividends to the defendant should be deleted.
Since the principal construction’s transfer of the claim for construction price as above to the Plaintiff is fraudulent act, the validity of the assignment of claim should be revoked and the validity of the assignment of claim should also be denied, the dividend against the Defendant is justified.
3. According to the judgment Gap 6, 7, and 1, the main construction is the transfer of 1,93,6080,000 won to the plaintiff on February 29, 2012, which was prior to the delivery date of the original copy of the decision of provisional attachment (No. 2011Kadan51257) by the defendant's Government District Court, which was the date of February 29, 2012, which was prior to the delivery date of the original copy of the decision of provisional attachment (No. 2011). On November 11, 2011, the fact that the transfer was notified to C by content-certified mail was reached around that time, and C consented to the transfer of claims on November 29, 201, while the said transfer of claims constituted fraudulent act, the plaintiff seeks revocation and restitution.