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(영문) 전주지방법원군산지원 2019.06.18 2018가단54871

배당이의

Text

1. No. 1128, 2017, dated 10, 2017, signed between B and the Defendant, is due to the time limit set by a notary public of the Cjoint Law Office.

Reasons

Basic Facts

The Plaintiff filed an application with Jeonju District Court for a payment order seeking reimbursement and reimbursement of guaranteed claims against E (E), B, and F (hereinafter “E”), and on December 11, 2015, the said court issued a payment order with the purport that “E, B, and F shall jointly and severally pay damages for KRW 245,758,428 and KRW 243,750,017 among them” (hereinafter “instant payment order”). The said payment order became final and conclusive around that time.

G as children of B, the ownership of the real estate owned by E was transferred by E.

On February 10, 2017, the Plaintiff filed a lawsuit against G seeking revocation of a fraudulent act by asserting that the above E’s disposal of real estate constitutes a fraudulent act, and that G would pay 250,000,000 won to the Plaintiff as compensation for value, was finalized.

On the other hand, H Co., Ltd. (hereinafter “H”) also filed a lawsuit against G seeking revocation of fraudulent act with the Seoul Central District Court 2017Gahap502847, and on June 29, 2017, the decision of recommending reconciliation was finalized to the effect that G would pay 157,501,086 won to H as compensation for value.

On the other hand, B, I, and J also filed a lawsuit against G on July 19, 2017 against Jeonju District Court 2017Kahap11638, which sought revocation of fraudulent act. On September 15, 2017, G made a final decision of recommending reconciliation that the said parties would pay KRW 245,000,000 to B and J, and KRW 150,000 to I.

G deposited KRW 102,148,630 as the Plaintiff, H, B, and J in accordance with the latter part of Article 487 of the Civil Code on September 29, 2017, the deposited amount was deposited as the Plaintiff, H, B, and J in accordance with the latter part of Article 487 of the Civil Code.

Accordingly, B was entitled to some of the deposited money distributed by G to Korea. However, the Defendant up to October 10, 2017, and B up to December 6, 2014.

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