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(영문) 수원지방법원안양지원 2016.11.29 2015가단15762

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On September 13, 2012, the Seoul Southern District Court C and D (Dupl) made a distribution schedule with respect to B 3501 (hereinafter “instant real estate”) owned by the Plaintiff, with the content that the real estate auction procedure was initiated, and the execution court, on September 13, 2012, distributed KRW 285,406,753 to the Plaintiff, the owner of the instant real estate (hereinafter “instant dividend”).

B. Down Center corporation appeared on the date of distribution of this case and raised an objection against the total amount of the Plaintiff’s dividends, etc., and thereafter filed a lawsuit of demurrer against the distribution against the Plaintiff’s dividends payment claim of this case. ① the Seoul Western District Court 2012Kahap1045, the creditor E’s claim amounting to KRW 450 million, ② the provisional seizure of the creditor E’s claim amounting to KRW 4,997,035, ② the Seoul Western District Court 2012 Tai150, and the seizure and collection order of the creditor’s claim amounting to KRW 200,000,000,000, the Seoul Western District Court 2012 Tai1652, the creditor F’s claim amounting to KRW 20,000,000,000, the auction official reported the dividends amount to the Seoul Western District Court 2025,2756,976, Sept. 21, 2012.

C. On November 21, 2012, after a deposit official’s report on the foregoing grounds, the Defendant was issued a provisional seizure order against the Plaintiff’s claim for the instant dividend payment claim against the Republic of Korea under the Suwon District Court-Support 2012Kadan100911 (hereinafter “instant provisional seizure order”), and the said decision was served to the Republic of Korea as the garnishee on November 26, 2012.

After the provisional seizure of this case, the Defendant is J.