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(영문) 서울중앙지방법원 2015.09.11 2013가단278675 (1)

배당이의

Text

1. With respect to the Seoul Central District Court K Real Estate compulsory auction and L(Dual) auction cases, the above court shall have jurisdiction over the above court.

Reasons

1. Basic facts

A. Defendant H and J’s demand for distribution 1) From 2001 to 2001, Nonparty M and the deceased N (hereinafter “the deceased”), a joint operation of several hundreds, and M and the deceased together, “M, etc.”

(2) Even after February 2009, the following: (a) several lines (hereinafter collectively referred to as “instant courses”) are added thereto; (b)

(2) On February 1, 2012, M was prosecuted for committing the crime that the deceased escaped on February 1, 2010, and obtained a judgment of two years of imprisonment (Seoul Central District Court 2010Da6897), and the appellate court rendered a judgment of dismissal on July 12, 2012.

(Seoul Central District Court 2012No556) M around April 10, 2012, when the judgment of the above appellate court was pending, M confirmed the number of fraternitys claimed by 11 members of the fraternity of this case, including Defendant J and H, around April 10, 2012: (The number of respective claims claimed by the above fraternitys is as shown in the bond details sheet.

() On April 12, 2012, a notary public issued a promissory note of KRW 900 million at face value with respect to the said promissory note, and issued a notarized deed of promissory note of KRW 845 on April 12, 2012 (hereinafter “notarial deed of Promissory Notes 1”).

B) The Defendant I prepared and proposed the following. (B) Defendant I’s demand for distribution: (a) Defendant I’s demand for distribution did not pay KRW 100,000,000 (as of April 15, 2007) and KRW 50,000,000 (as of May 3, 2009) out of the fraternity to Defendant I who had been engaged in money transactions for a long time; (b) around 2010, Defendant I prepared a cash storage certificate in the name of the Deceased stating that “A would pay KRW 150,000 to Defendant I by March 31, 201.”

2) On April 9, 2012, M issued a promissory note with a face value of KRW 300 million to Defendant I, and on April 30, 2012, M is a notary public who issued a promissory note No. 303 with respect to the said promissory note as the No. 303 of the No. 2012 No. 303 (hereinafter “No. 2 Promissory Notes”).

was prepared and awarded.