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(영문) 수원지방법원 여주지원 2018.09.18 2018가단2686
배당이의
Text

1. Of the distribution schedule prepared on April 25, 2018 by the said court with respect to distribution procedures C by the Suwon District Court in relation to the distribution procedures case.

Reasons

Facts of recognition

The plaintiff and D have marital relations with each other, and since 2014, they have brought a lawsuit for divorce and the division of consolation money and consolation money property (hereinafter referred to as "the lawsuit for divorce"), and the defendant is the birth of D.

D acknowledges that there was a debt of KRW 25 million to the defendant in 2015, and this was prepared and issued by E Office of Notary Public No. 596 in 2015.

Defendant D Na

The claim for the return of the lease deposit against DF (hereinafter “instant seizure claim”) with the claim stated in the subsection, was filed for a seizure collection order against D (U.S. District Court 2016TB 30097). The above court accepted the Defendant’s application as of February 4, 2016 and decided to issue a seizure collection order.

Meanwhile, the Plaintiff also received three orders to collect the seizure of the instant seized claims from the above court (Ji Government District Court Decision 2016TTTT14513, Jinwon District Court Decision 2017TTT404, and the same Court Decision 2018TT37).

In relation to the instant seized claims, the Plaintiff and the Defendant demanded a distribution as a collection authority in the distribution procedure (hereinafter “instant dividend procedure”) that had been proceeded with by the Suwon District Court Branch Branch C, and the said court presented a distribution schedule with the content that the Defendant distributes the remainder of the proceeds of sale to the Plaintiff on the date of open distribution on April 25, 2018.

On the date of the above distribution, the plaintiff raised an objection to the whole amount of dividends to the defendant.

(Reasons for recognition) Facts without dispute, entry of Gap evidence 1 and 2, the purport of the whole pleadings.

The plaintiff D made a notarial deed in collusion with the defendant, who is a birth, by creating a false bond, and the defendant received a distribution in the distribution procedure for the instant seized bond with the above bonds, so the amount of distribution to the defendant should be distributed to the plaintiff.

Defendant D shall commence the business of “G” around the beginning of November 2013 and purchase cost of equipment.

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