배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On September 23, 2013, C Co., Ltd. (hereinafter “C”) deposited KRW 591,723,843 in accordance with the latter part of Article 487 of the Civil Act and Article 248(1) of the Civil Execution Act, on the ground of the provisional attachment of a claim exceeding KRW 591,723,843, and the provisional attachment of a claim exceeding KRW 591,723,843, as recognized by C, on the ground that C (hereinafter “D”) transferred the claim of KRW 115,00,00,00 among the claim of the construction price against C to E by evidentiary mail, etc.
B. On June 16, 2017, the Defendant filed a lawsuit seeking revocation of fraudulent act (hereinafter “instant lawsuit seeking revocation of fraudulent act”) with the Busan District Court Branch Decision 2017Gadan101773, and the said court rendered a ruling that “E and D’s claim for payment of KRW 115,00,000 out of D’s construction cost claim against D shall be revoked on June 20, 2013, and E shall transfer to D the claim for payment of deposit payment of KRW 1,180,00,798 out of the total sum of each of the deposits listed in attached Table 1 (hereinafter “the claim for payment of deposit of this case”), and the said ruling became final and conclusive on July 29, 2017.”
C. On January 16, 2018, the Defendant received a claim amounting to 2,062,566,717, and a collection order for the amount up to the claim amount among the claims against D out of the dividends paid to D as of May 23, 2017, in accordance with the result of the instant fraudulent act revocation lawsuit against the Busan District Court’s Dong Branch of the District Court (Seoul District Court No. 7053, 2013) as to the F Distribution Procedure case (Seoul District Court No. 7053) that D had against the Republic of Korea. Accordingly, the Defendant received a claim amounting to 2,062,566,717, from among the claims against D out of the dividends paid to D as of May 23, 2017.