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(영문) 서울중앙지방법원 2014.09.25 2013가합81502
배당이의
Text

1. (a) On November 1, 2013, the Seoul Central District Court, having jurisdiction over the Seoul Central District Court, for a distribution procedure case.

Reasons

1. The following facts may be found either in dispute between the parties or in the entries in Gap evidence 1 to 3, 5, and 13 (including each number; hereinafter the same shall apply) by reference to the whole purport of the pleadings:

On March 26, 2007, Korea-China Public Corporation (hereinafter “N”) filed a lawsuit against N Co., Ltd. (hereinafter “N”) seeking a registration of transfer of ownership with respect to OO and 16 parcels (hereinafter “the instant forest”) from the Seoul Central District Court Decision 2007Gahap2478, and lost the lawsuit. However, in the instant lawsuit, Seoul High Court Decision 2009Na5944, 59451 (Counterclaim), which was initiated on February 9, 2010, the said Court rendered a final decision of 8,200,464,00 won for Han wood Public Corporation and its related amount, from the date following the date of November 12, 2006 to February 9, 2010 to the date of full payment, 200 per annum, and 200 per annum of the instant forest and field, the Supreme Court Decision 2010Da47105 decided Feb. 9, 2010.

(hereinafter referred to as the relevant judgment of this case)

On December 1, 2006, upon the application of Q Q with respect to the forest of this case, the Suwon District Court rendered a voluntary decision to commence the auction of the forest of this case as R on December 1, 2006. Accordingly, on the auction procedure (hereinafter referred to as the “voluntary auction of this case”), on February 20, 2007, the Korea Forest Service submitted a claim registration statement according to the relevant judgment against N on February 20, 207

C. In the instant voluntary auction procedure, dividends were made on November 20, 2009. The Republic of Korea (competent to Suwon District Court deposit officials of Pyeongtaek Housing Site Board) made on December 14, 2009 on the grounds that in the instant voluntary auction case on December 14, 2009, the seizure and collection order issued by public and Defendants, etc., the provisional disposition prohibiting the disposal of claims, provisional disposition of claims, provisional seizure of claims, etc. against N was conducted.

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