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(영문) 수원지방법원 안산지원 2018.05.24 2017가합5317

배당이의

Text

1. Of the distribution schedule prepared by the said court on January 25, 2017 in the distribution procedure of the Suwon District Court’s Ansan Branch H, Defendant B.

Reasons

1. Basic facts

A. I’s claim for payment of deposit money to the Republic of Korea 1) On November 30, 2006, the Plaintiff, on November 30, 2006, JJ 217 m2m2 and its ground (hereinafter “instant real estate”), and the above ground buildings are the instant building.

(2) On May 23, 2013, the Plaintiff filed a lawsuit claiming ownership transfer registration against I on the instant real estate and received a favorable judgment from the first instance court on May 23, 2013.

(U) In the appellate court that was dissatisfied with I and continued, the appellate court rendered a judgment on January 8, 2014 that “The court shall receive KRW 338,000,000 from the Plaintiff,” and at the same time rendered a judgment on November 30, 2016 that the Plaintiff shall implement the procedure for ownership transfer registration for the instant real estate on the ground of sale on November 30, 2016.”

(Seoul High Court 2013Na37007). The above judgment became final and conclusive in the final appeal judgment by the Supreme Court.

(Supreme Court Decision 2014Da10489) On July 3, 2014, the Plaintiff deposited KRW 338,000,000 with the Suwon District Court Branch Decision 2014No1953 Decided July 3, 2014, on the ground of the Plaintiff’s refusal to receive I’s deposit (hereinafter “instant deposit”).

B) B. Based on the executory order of payment for the loan case No. 2014j4466, Defendant B filed an application for the attachment and assignment order of the claim amounting to KRW 54,937,628 with the above court as to the right to claim the payment of the deposit of this case with the above court amounting to KRW 54,937,628 with regard to the above right to claim the payment of the deposit of this case, and the said decision was served to Korea as the garnishee on August 6, 2014.

2. Based on the executory order of payment for the loan case No. 2014 tea354, the Defendant C applied for the seizure and collection order of the claim amount as KRW 37,597,354 with regard to the above claim amount under the above court No. 2014, which was based on the executory order of the loan case No. 2014, the Suwon District Court rendered.