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(영문) 서울중앙지방법원 2016.05.17 2016가단5022359
부인의 청구 결정에 대한 이의의 소
Text

1. The plaintiff's claim is dismissed.

2. With respect to the claims filed by this Court for denial, this Court shall have jurisdiction over the claims filed by the Court for denial.

Reasons

1. Facts of recognition;

A. B including seizure, collection, etc. of wage claims under B, not subject to the prohibition of seizure, entered the Bank of Korea (hereinafter “Korea Bank”) in 1977 and worked until May 31, 2014.

B With respect to the portion 1/2 of the benefits and retirement allowance claims against the Korean bank, which is not prohibited from being seized, creditors D, E, F, and G, such as receiving the claim seizure and collection order on July 19, 2007, received the claim seizure and collection order, and the Plaintiff also received the claim seizure and collection order on March 25, 2014.

After the retirement of B, on July 14, 2014, the Bank deposited KRW 142,073,327 in the Seoul Northern District Court, together with the seizure and collection order of personal creditors, including creditors D, and the decision of provisional seizure of claims.

Accordingly, the Seoul Northern District Court distributed the deposited money to the Dobong Tax Office, Mapo Tax Office, and the creditor D, F, E, G, H, H, the Plaintiff, the provisional seizure owner, the Korean National Bank, the Korea Exchange Bank, the Korea Exchange Bank, and the Korea Cmat Bank.

B. On February 22, 2013, the Plaintiff was issued a claim attachment and assignment order (hereinafter “instant assignment order”) with respect to “the amount exceeding KRW 1.5 million out of the instant deposit claims (including deposit claims arising out of the future) owned by the obligor (B) against the third party (Korean bank, account number I, hereinafter “instant account”)” in the instant case involving the application for attachment and assignment order against the Seoul Northern District Court 2013TTTTT 2013TT 1705, and the Plaintiff was issued a claim attachment and assignment order (hereinafter “instant assignment order”).

After that, on June 20, 2014, B received 127,316,326 won of a retirement allowance which does not have the effect of seizure from the Korean bank on June 20, 2014 (the balance of the above account before receiving the retirement allowance was KRW 60,698).

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