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(영문) 광주지방법원 2015.05.06 2014가단512027
배당이의
Text

1. Of the distribution schedule prepared by this Court on April 30, 2014 in this Court B B dividend procedures, the amount of dividends to the Defendant is 6.

Reasons

1. Facts of recognition;

A. When C Co., Ltd. (hereinafter “C”) receives a loan from the Nonghyup-gun Branch, the Plaintiff guaranteed the above principal and interest of loan pursuant to a credit guarantee contract between the Plaintiff and C. Since C was not paid the above loan, C paid the above principal and interest of loan by subrogation of C, and then filed a lawsuit seeking reimbursement against C (this court 92Ga2167, 2002Ga 29324, 2012Ga 5302) against C, and the judgment became final and conclusive.

B. C had land for factory in Jeonyang-gun, Jeonyang-gun, and without title, E owned a building on the above land without title, and was subject to removal and delivery judgment by filing a claim suit against E, such as land rent, etc.

(Seoul High Court 2009Na21685, 21692) c.

On the other hand, among the judgment of April 7, 2008, the plaintiff seized and collected the claim for return of unjust enrichment from the possession of the above land held by C as the executive title of this court 2002Kadan29324, which is the judgment of April 7, 2008. (This court 2008 Taol3885, claim amount 256,305,607) and the above seizure and collection order were served on E, the third debtor, E, on the 11st of the same month.

C In accordance with the decision of removal and delivery as stated in Paragraph (b), C filed an application for replacement execution for the removal of a building and made a decision on September 6, 2010, but before the alternative execution was conducted, E voluntarily removed the building and transferred the claim for expenses related to replacement execution to F. The F filed an application for the determination of expenses for replacement execution against E on July 20, 201, and filed an appeal against E on September 15, 201, the appeal was dismissed and finalized around that time.

E. C receives a final decision on the amount of litigation costs as to the lawsuit described in B against E (Seoul Central District Court 2010Kao3551). To receive the above litigation costs claims, F shall, in order to recover the above alternative enforcement costs claims that were taken over by C, conduct the sn beam of the steelline equivalent to 45t owned by E (hereinafter “instant movable”).

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