logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2016.07.20 2015가합104989
배당이의
Text

1. Defendants B, C, and C among the distribution schedule prepared by the same court on July 28, 2015 with respect to the distribution procedure case at Daejeon District Court S.

Reasons

1. Basic facts

A. On December 21, 2012, the Korea Land and Housing Corporation (hereinafter “Korea Land and Housing Corporation”) under the contract between T and Non-Party Corporation (hereinafter “Non-Party Corporation”) concluded a contract with the Non-Party Corporation (hereinafter “U Landscape”) with the Korea Land and Housing Corporation (hereinafter “Non-Party Corporation”) as KRW 2,579,767,000 for the purchase price on December 21, 2012 to T Co., Ltd. (the trade name before and after the change is referred to as “T”).

(hereinafter “instant contract”). Since then, the said amount was changed to KRW 2,106,838,484.

B. 1) T on April 30, 2012, 2012, i.e., the claim attachment and assignment order of the Defendant inland Construction Co., Ltd.

hereinafter referred to as “Defendant Domestic Construction”

A) On April 25, 2012, a notary public, including the content that “T borrowed KRW 500 million from the construction of the date of maturity on May 3, 2012, and in the event T fails to perform his/her obligation, to recognize that there is no objection even if he/she was immediately subject to compulsory execution,” is a notarial deed of the Daejeon General Law Firm, No. 1005, Money Loan Agreement No. 1005 (hereinafter “notarial deed of this case”).

(2) On December 17, 2012, the instant No. 300 million won was issued by the said court’s order of seizure and assignment of claims (hereinafter “instant assignment order”) with the title of execution of the instant No. notarial deed as the title of execution, as to KRW 300,00,000 among the claims for construction payment based on the instant contract owned by T to Nonparty Corporation by Daejeon District Court 2012T No. 17148.

The instant assignment order was served on Nonparty Corporation, a garnishee, on December 21, 2012, and became final and conclusive on February 23, 2013.

3. On the other hand, on December 18, 2013, Defendant During the assignment order of this case, the construction transferred the total amount of corporate tax and value-added tax equivalent to KRW 189,246,810 to Defendant Republic of Korea up to the time when Korea Construction bears to Defendant Republic of Korea, out of the total amount of money receivables based on the assignment order

(c) the defendant.

arrow