배당이의
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On February 10, 2014, D deposited 64,000,510 won to the Republic of Korea as the deposited person, the Loti Regional Office Co., Ltd. (hereinafter in this case, referred to as the "Meti Regional Office")
(Seoul Central District Court 2014No. 2967).(b)
On February 14, 2014, the Defendant received on February 14, 2014 an order of seizure and assignment of claims against the Republic of Korea (Seoul Central District Court 2014TTT4586), and the said order was served on the Republic of Korea, the garnishee of February 19, 2014.
C. Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance Co., Ltd.”) received a collection order on February 13, 2014 regarding the claim for payment of the above deposit against the Republic of Korea from the Republic of Korea (Seoul Central District Court 2014TTT4624), and the said order was served on the Republic of Korea, the garnishee of February 19, 2014.
On March 4, 2014, the Plaintiff received a provisional attachment order on March 4, 2014 (Seoul Central District Court 2014Kadan801568), and on May 2, 2014, the provisional attachment and collection order (Seoul Central District Court 2014 Taga12910) to transfer the provisional attachment to the Republic of Korea, and the said order was served on the Republic of Korea, the garnishee on May 9, 2014.
E. On the other hand, on February 20, 2014, the deposit officer of the Seoul Central District Court reported the reason for deposit on the grounds that the seizure order, etc. against the Defendant and the Seoul Guarantee Insurance was concurrent, and accordingly, the Seoul Central District Court C’s distribution procedure was initiated.
F. In the distribution procedure, on November 28, 2014, a distribution schedule was prepared to distribute KRW 40,429,330 to the Defendant and Seoul Guarantee Insurance amounting to KRW 23,701,916. On November 28, 2014, the Plaintiff appeared on the date of distribution and raised an objection against the total amount of dividends to the Defendant out of the said distribution schedule, and filed the instant lawsuit on December 5, 2014, within seven days thereafter.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 14, Eul evidence 5, the purport of the whole pleadings
2. Determination.