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(영문) 서울동부지방법원 2020.11.27 2018가단137659
배당이의
Text

The plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. On July 28, 2016, the Plaintiffs received a decision on provisional seizure of real estate (Seoul Central District Court No. 2016Kadan807259, hereinafter “provisional seizure”) from E (hereinafter “E”) as to the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) owned by E against E (hereinafter “E”), and completed the registration on the following day.

B. On October 20, 2017, E issued a promissory note with a face value of KRW 8.155 billion at sight (hereinafter “instant promissory note”) to the Defendant. On the same day, when a notary public delays the payment of the said note under the Fransh No. 160, a notary public drafted an executory authentic copy of a notarial deed with the intent to recognize and recognize that there is no objection even if he/she is subject to compulsory execution (hereinafter “instant notarial deed”).

C. On May 11, 2018, E deposited KRW 100 million, the claim amount of the provisional seizure of this case, as the Seoul Central District Court No. 11851 (hereinafter “the instant provisional seizure”) with the Seoul Central District Court Decision No. 2018, May 14, 2018 (hereinafter “the instant provisional seizure”).

On June 11, 2018, the Defendant received a seizure and collection order (Seoul Eastern District Court 2018TTT 2018TT 6645, hereinafter referred to as “instant seizure and collection order”) against the right to claim the collection of the deposited money in this case that E owns against the Republic of Korea based on the instant notarial deed.

E. In the distribution procedure of the instant amount of deposit (Seoul Eastern District Court D), the instant court drafted a distribution schedule with the content that distributes KRW 100,039,029, which became final and conclusive as the actual amount to be distributed on the date of distribution on October 23, 2018, as follows (hereinafter “instant distribution schedule”).

1 The amount of claims in the grounds for distribution dividends of the Plaintiff A 50,000,000 Won 606,003 KRW 50,000,000 for Plaintiff B 1’s provisional attachment right holder KRW 606,003 KRW 1,003 KRW 8,154,000,000 for Defendant 1’s collection right holder KRW 98,827,023 for Defendant A 1

F. The Plaintiffs are present on the date of the above distribution.

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