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(영문) 서울남부지방법원 2016.11.03 2016가단5577
배당이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 14, 2014, the Plaintiff, while working through a false pop-up shop by misrepresenting the Financial Supervisory Service from among the Internet banking tools, transferred KRW 20 million from the Plaintiff’s Han Bank Account to C’s new bank account (hereinafter “new bank account”).

B. On April 23, 2015, the Defendant seized the claim for deposit against C’s new bank account located in the instant new bank account based on the local income tax and additional dues, for which C was delinquent.

C. On August 10, 2015, the Plaintiff filed a lawsuit claiming restitution of unjust enrichment against C by Busan District Court 2015Da39036, and received a favorable judgment on August 10, 2015, and accordingly, on August 31, 2015.

As to the deposit claims in C, such as the statement in the claim, the claim was filed for the seizure and collection order against the debtor C and the third debtor, and was issued a seizure and collection order around that time.

The new bank deposited the C's deposit claim on the ground that the seizure conflicts, and the distribution procedure was initiated in Seoul Southern District Court B with respect to the total amount of KRW 16,865,327.

E. The Defendant’s taxation claim against C was KRW 23,034,580 in total as of January 4, 2016, and the Defendant submitted a claim registration statement to the court on January 4, 2016.

F. In the distribution procedure B in Seoul Southern District Court, the said court distributed KRW 160,000 to the new bank and KRW 16,683,331 to the Defendant in the second order in the order of January 29, 2016, and drafted a distribution schedule that does not distribute to the Plaintiff.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 through 4, the whole purport of the pleading

2. The plaintiff's assertion was the victim of financial fraud, who was transferred his own money to C's new bank account, and the defendant first priority in the distribution procedure conducted with regard to the deposit claim C in the new bank account as the defendant's disposition on default.

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