배당이의
1. The judgment of the court of first instance is modified as follows.
As to the distribution procedure case in the Changwon District Court C, the above court.
1. Facts of recognition;
A. On October 30, 2014, D filed an application for provisional seizure against the Plaintiff by Changwon District Court 2014Kahap379, and the said court ordered D to provide security of KRW 20 million in cash on November 3, 2014.
D deposited cash of KRW 20 million with Changwon District Court 2014Hun-4068 (hereinafter “instant deposit”).
B. On August 27, 2014, D filed a lawsuit claiming an agreed amount with the Changwon District Court 2014Gahap4644 against the Plaintiff, but was dismissed by the said court on June 4, 2015.
Therefore, D appealed with Busan High Court Decision 2015Na21519, but it was dismissed as the above court on April 21, 2016, and the above decision was finalized on May 10, 2016.
C. The Plaintiff filed an application for determination of the amount of litigation costs with the Changwon District Court Decision 2016Kao10145, and was determined by the said court on July 19, 2016 that the amount of litigation costs to be repaid by D was KRW 14,01,584.
With respect to the right to claim the recovery of the instant deposit, the Plaintiff received an order for seizure and assignment of the claim by Changwon District Court 2017TTT1521, and reached March 9, 2017 upon notification of the said order to the Republic of Korea on March 14, 2017.
Meanwhile, between D and D on July 19, 2016, the Defendant: (a) a notarial deed under a money loan agreement with the effect that “D shall be deemed to have no objection even if it is subject to compulsory execution if it borrowed from the Defendant on May 31, 2012, KRW 254,50,000 (the maturity date for repayment was determined and borrowed as July 19, 2016; and (b) the said loan obligation was not performed,” under Article 1333 of the Changwon Law Firm No. 133 (hereinafter “notarial deed of this case”).
was drawn up.
On July 29, 2016, the Defendant received a seizure and collection order as to the claim to recover the deposit of this case from the Changwon District Court 2016TTT6398 by designating the title of execution of the Notarial Deed of this case as the title, and the Republic of Korea received the said order on August 2, 2016.
E. When the Changwon District Court competes with the seizure and collection order of the instant deposit, C’s distribution procedure was commenced.