배당이의
1. The judgment of the court of first instance is modified as follows.
With respect to the distribution procedure case at the Seoul Central District Court G.
1. Basic facts
A. On April 14, 2008, the Plaintiff, including the Plaintiff’s loan, credit, provisional seizure, etc., loaned a business fund to the Plaintiff’s assistant participant (hereinafter “C”), and issued a provisional seizure of claim amounting to KRW 10,949,173,317 as to the claim under the trust agreement held by the Plaintiff as a beneficiary under the trust agreement with the Incheon District Court Branch Branch Decision 2008Kahap366,367 decided April 14, 2008 with part of the claim against the Defendant’s above trust agreement against H as a beneficiary, and received a collection order as to the claim amounting to KRW 7,150,037,70 on April 16, 2008 with a promissorysory note with executory power against C by the Plaintiff on April 16, 2008.
B. On June 18, 2009 and January 8, 2004, H deposited KRW 5,349,004,291 remaining after the settlement of the trust property surplus amounting to KRW 36,973,813,774 as a result of the disposal of trust property under each trust agreement between C and C on June 18, 2009 (hereinafter “the deposit of this case”) on the ground that the provisional seizure of claims, the seizure of claims and the collection order exist, and on the same day, deposited KRW 5,349,04,291 (hereinafter “the deposit of this case”).
C. 1) The Seoul Central District Court G distribution procedure case where the Plaintiff, the Defendant, etc. were the creditors and C as the debtor (hereinafter “instant distribution procedure case”).
From August 26, 2011, with respect to the Plaintiff and the Defendant, the distribution schedule as follows (hereinafter “instant distribution schedule”).
(1) The amount of dividends of KRW 998,015,185 based on provisional seizure against claim 2008Kadan309 against the defendant (hereinafter the defendant), and the dividends of KRW 168,424,788 based on provisional seizure against claim 208Kadan3766 against the other defendant, shall be distributed to the defendant, and the amount of dividends of KRW 168,424,788 based on provisional seizure against claim 2008Kadan3766 against the other defendant shall be distributed to the creditor (original).