배당이의
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. The following facts are acknowledged as either of the parties to a dispute or as a whole together with the purport of the entire pleadings in each entry in Gap's evidence 6 to 17:
A. The Plaintiff transferred the amount of wages to the bank account under the name of “C” to the employees of the team leader, but on September 21, 2018, transferred KRW 28,625,682 to the account of “D” corporation E (hereinafter “E”) (hereinafter “E”).
Since January 25, 2019, the Plaintiff received 10,000,000 won from D.
The plaintiff, C, and D are siblings relationship.
B. The Plaintiff filed an application with D for the payment order claiming the payment of the remaining amount that was erroneously remitted as above by the Busan District Court Branch Decision 2019Da2674, Kimpo-si, Kimpo-si, and the above court issued the payment order on August 30, 2019 that “D shall pay to the Plaintiff 18,625,682 won and the amount calculated by the rate of 12% per annum from the day following the delivery of the original copy of the payment order to the day of complete payment.” The above payment order was finalized on September 26, 2019.
C. On December 27, 2019, the Plaintiff received a claim amounting to 18,93,093,093 claim amount as to D’s deposit claims against D’s deposit claims, and received a collection order (the government district court 2019,73447).
E deposited D’s deposit amount due to the competition between seizure and the Seoul Northern District Court B (hereinafter “instant dividend procedure”).
On May 21, 2020, the execution court distributed 1,850,000 won to D with the first-order (the claim to be prohibited from seizure) among the amount to be distributed actually other than the execution expenses, 28,348,237 won, and 26,498,237 won to the second-order (individual tax payment2). The execution court made a distribution schedule of the contents that the plaintiff did not distribute to the plaintiff (hereinafter referred to as the "instant distribution schedule").
E. The Plaintiff appears on the date of distribution and 18,93,093 out of the amount of distribution to the Defendant.