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(영문) 창원지방법원진주지원 2015.09.09 2015가합116
배당이의
Text

1. Of the distribution schedule prepared by the said court on January 23, 2015 with respect to the distribution procedure C case of the Changwon District Court Jinju Branch C.

Reasons

1. Basic facts

A. On August 8, 2014, the Plaintiff filed an application for provisional seizure of real estate with the competent court No. 2014Kadan889, the claim amounting to KRW 281,667,00 with respect to each of the real estate listed in the separate sheet owned by D (hereinafter “each of the instant real estate”) and completed the registration on August 12, 2014 with the said court’s decision.

B. On September 19, 2014, D deposited KRW 281,667,00 with the deposit for release from provisional seizure against the said real estate (this Court No. 1306, 2014; hereinafter referred to as “instant deposit”).

C. On the other hand, at the notary E office on September 19, 2014, D and the Defendant drafted a notarized deed of a debt repayment contract with the content that D would pay the Defendant the debt amount of KRW 200,000,000 to the Defendant by September 26, 2014, with the maturity of payment of KRW 489, at the notary E office on September 19, 2014.

(hereinafter “instant notarial deed”). D.

D On September 24, 2014, the court filed an application for the revocation of provisional attachment due to deposit at sea and revoked the registration of provisional attachment on September 30, 2014.

E. On December 1, 2014, the Defendant filed an application with the competent court for the seizure and collection order regarding D’s right to claim the recovery of the instant amount of deposit from the Korea, using the authentic copy of the instant notarial deed as its executive title, and upon receiving the said decision on December 2, 2014, the said decision reached the Republic of Korea on December 5, 2014.

F. On January 23, 2015, the distribution schedule was prepared with respect to the instant amount deposited at the court C’s distribution procedure for the instant amount, wherein the amount of dividends to the Plaintiff was KRW 164,873,275, and the amount of dividends to the Defendant was KRW 117,181,034, and the Plaintiff raised an objection against the total amount distributed to the Defendant by appearing on the date of distribution on the said date.

[Reasons for Recognition] Facts without a partial dispute, Gap 1 to 6 evidence, Eul 2 and 3 evidence (including each number), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion D is evading compulsory execution by the Plaintiff.

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