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(영문) 부산지방법원 2015.03.27 2013가합17929
배당이의
Text

1. As to the Busan District Court D D distribution procedure case, Defendant C is the same as the distribution schedule prepared by the above court on October 21, 2013.

Reasons

1. Facts of recognition;

A. On October 19, 2010, the Plaintiff lent KRW 160,000,00 to E, and on October 19, 2010, in relation to the above loan obligations, the Plaintiff and the F Co., Ltd. (hereinafter “F”) drafted a notarial deed of a monetary loan agreement (No. 790, 200,000 on October 15, 2010) stating that “the Plaintiff shall pay KRW 240,00,000 to F on November 14, 2010; and if the F fails to pay it, it shall be recognized that there is no objection even if compulsory execution is enforced.”

B. On July 23, 2012, F filed a lawsuit for the registration of ownership transfer against the Korea Es.S. Specialized Company 2012, Busan District Court 2012 Gohap13180. At the appellate court of the said lawsuit (Seoul High Court 2013Na2542), the court decided to recommend reconciliation that the said limited liability company pay F 200,000,000 won to the said limited liability company until August 31, 2013.

On August 2, 2013, the decision to recommend reconciliation became final and conclusive on August 2, 2013 by failure of the F and the said limited liability company to raise an objection.

C. On August 2, 2013, Defendant B: (a) filed an application with Busan District Court for an order of seizure and assignment of claim against FF’s claim against the said limited liability company based on the above decision of recommending reconciliation with F as the debtor; (b) as the third debtor; and (c) as the third debtor; and (d) as the claim amount, KRW 200,032,710; and (c) received an order of seizure and assignment of claim on August 5, 2013.

The above ruling was served on the limited liability company on August 7, 2013.

Defendant C, a fraudulent act in E, filed a claim order with the Busan District Court 2013TTTT 203T 20358 and received a collection order on August 12, 2013 by designating F as the debtor, as the third debtor, the said limited liability company as the third debtor, and as the claim amount, FF’s claim against the above limited liability company according to the above Reconciliation recommendation order.

The above ruling was served on the limited liability company on August 19, 2013.

E. The Plaintiff’s foregoing on August 20, 2013.

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