logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2016.10.25 2015가단209586
배당이의
Text

1. The defendant among the distribution schedule prepared on February 26, 2015 by this Court with respect to the distribution procedure B case of Seoul Western District Court District Court.

Reasons

1. Basic facts

A. The Plaintiff owned the principal and interest of KRW 136,250,000 with respect to C, and seized and fully paid the real estate purchase price claim based on the Korea-U.S. Development under Seoul Western District Court Decision 2012TTTT14843 (hereinafter “instant purchase price”).

B. The Defendant issued a seizure and collection order of the purchase price claim of each of the instant cases under the Seoul Western District Court 2012TT14903, Seoul Western District Court 2012TBT14903 (hereinafter “instant final and conclusive judgment”) against C as its executive title, with the title of title: (a) the Seoul Western District Court 2013TB20723 (hereinafter “instant final and conclusive judgment”); and (b) the Seoul Western District Court 2012TT14904 (hereinafter “instant final and conclusive judgment”).

C. Korea-U.S. Co., Ltd., a garnishee (hereinafter “Korea-U.S. Development”) deposited KRW 46,283,241 of the instant purchase price as the Seoul Western District Court on December 26, 2014 for the Plaintiff and the Defendant; on February 26, 2015, KRW 46,269,041 of the amount to be actually distributed under the distribution procedure for the said deposit (hereinafter “instant distribution procedure”) was distributed KRW 13,85,034 in the order of priority to the Plaintiff; the Defendant, based on the seizure and collection order of the Seoul Western District Court No. 2012,065,925, based on the seizure and collection order of the Seoul Western District Court No. 2012,14904, and the Seoul Western District Court prepared the distribution schedule to the effect that the amount to be actually distributed is distributed KRW 3,3482,02,00 each based on the seizure and collection order of the said deposit.

(hereinafter referred to as the “instant distribution schedule”). [Grounds for recognition] The fact that there is no dispute, Eul evidence No. 2, Eul evidence No. 3-1 and Eul evidence No. 3-2, and the purport of the whole pleadings

2. The plaintiff's assertion

A. The instant payment order, which became the title of execution of the seizure and collection order, the Seoul Western District Court 2012 Tai2, 14903, and the Seoul Western District Court 1, supra, related to the seizure and collection order, became the title of execution of the seizure and collection order, was extinguished by the completion of prescription.

The defendant asserts that the statute of limitations has been interrupted by the provisional seizure order of Seoul Central District Court 2007Kadan6596.

arrow