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(영문) 수원지방법원안산지원 2017.08.29 2016가단25638
배당이의
Text

1. The distribution schedule prepared on October 26, 2016 by the said court with respect to distribution procedures D in Suwon District Court Ansan Branch D.

Reasons

1. The following facts of recognition do not conflict between the Parties:

Plaintiff

As of November 18, 2015, AbC Co., Ltd. (hereinafter referred to as “AbC”) has a claim for the construction cost of KRW 199,730,000 for the construction of Yongsan Construction Co., Ltd. (hereinafter referred to as “AbC”) as of November 18, 2015. On November 26, 2015, a notarized deed was prepared for compulsory execution against the claim for the construction cost as above.

B. On November 27, 2015, Plaintiff AbC applied for a seizure order on the investment certificates (the amount per investment share, KRW 1,401,100, and KRW 94; hereinafter “instant investment certificates”) to the Construction Mutual Aid Association of Yongsan Construction on the basis of the said notarial deed, and received a decision of acceptance on December 1, 2015 (2015TTTT) (hereinafter “instant investment certificates”); and on March 28, 2016, the special exchange on the instant investment certificates applied for a sale order and received a decision to accept the said application on December 1, 2015.

(16743) c.

Plaintiff

On December 22, 2015, the enforcement officer entrusted by AbC, seized all of the instant investment certificates, and the attachment report stated that the attachment report was executed simultaneously with the seizure of the remaining plaintiffs.

Plaintiff

On September 13, 2016, J&C submitted a claim statement to the enforcement court.

E. Meanwhile, with respect to the construction of Yongho, Plaintiff A prepared a notarial deed which enables compulsory execution of each of the Plaintiffs and the Defendant’s respective claims, and submitted a claim statement to the court of execution. Plaintiff B prepared a notarial deed which enables compulsory execution of the respective claims, and submitted a claim statement to the court of execution.

F. A court of execution shall open a date of distribution on October 26, 2016 and distribute the amount of KRW 127,042,137, which deducts the total of KRW 1,94,550 from the execution cost, out of KRW 128,985,687, the amount to be actually distributed, and only the Defendant seized the investment certificate of this case.

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