logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2015.12.04 2015나302749
배당이의
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) against C, etc., which jointly and severally guaranteed D’s debt, filed a lawsuit seeking loans with the Daegu District Court 200Kadan66734 against D, etc. (hereinafter “Seoul District Court 200Kadan6734”). The Plaintiff (former Mutual Aid Corporation) participated in the said lawsuit as a succeeding intervenor of the Hongduk Credit Cooperative. In the case of loans (Seoul District Court 2003Na5540, the appellate court of the said lawsuit, the Daegu District Court 2003Na540, the said court made a compulsory adjustment decision (hereinafter “instant compulsory adjustment decision”), and the said decision became final and conclusive.

B. The Defendant’s provisional attachment and payment order 1) On April 29, 2013, each of the real estate listed in the separate sheet owned by C (hereinafter “each of the instant real estate”) by the Daegu District Court 2013Kadan3416 against C (hereinafter “instant real estate”).

(2) The Defendant filed an application for provisional seizure of real estate against C and E on May 21, 2013, for a payment order seeking payment of KRW 200 million and delay damages therefrom. The Defendant filed an application for provisional seizure of real estate against C and E on May 21, 2013, with the Daegu District Court Decision 201Hu4074, the Defendant filed an application for payment order seeking payment of KRW 200 million and delay damages.

On May 27, 2013, the above court issued a payment order (hereinafter “instant payment order”) on May 27, 2013, and the order was finalized on June 13, 2013.

The grounds for the request stated in the instant payment order were the same as the grounds for the application for provisional seizure of real estate on April 29, 2013.

3. On July 23, 2013, the Defendant filed an application for provisional seizure of real estate against C by the Daegu District Court 2013Kadan5582 regarding each of the instant real estate.

At the time of the above application, the defendant is the preserved right.

arrow