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(영문) 창원지방법원마산지원 2016.05.25 2015가단8202
청구이의
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Basic facts

A. On September 14, 2011, the Defendant and D applied for a collection order of the Plaintiff’s deposit claim against the Plaintiff’s non-party bank (hereinafter “non-party bank”) (hereinafter “the instant deposit claim”) to seize and collect the claim against the Plaintiff’s deposit claim (hereinafter “the instant deposit claim”), and received the seizure and collection order of each claim under the Changwon District Court Msan Branch Branch 201TTB 201, 201, Masan Branch 2013TB 5541 on December 20, 2013, and the non-party bank received each of the above orders on September 16, 201 and December 24, 2013.

B. E also requested a collection order for the instant deposit claim on April 8, 2013, to issue a seizure and collection order for the instant deposit claim, and received a seizure and collection order for the claim under the Changwon District Court Branch 2013TTTT1577. Nonparty bank received the said order on April 11, 2013.

C. On August 21, 2015, Nonparty bank deposited KRW 924,101 of the deposit amount as KRW 3200,000 in Changwon District Court Decision 3200 for the instant deposit claim on August 21, 2015, pursuant to Article 248(1) of the Civil Execution Act

(B) On September 16, 201, the Plaintiff deposited the entire amount of the deposit deposited in the instant deposit account on the ground that the Plaintiff deposited more than 1.5 million won in the instant deposit account under the Plaintiff’s name, but thereafter withdrawn more than 1.5 million won, at the time when the Plaintiff was served a notice of the order of seizure and collection of the claim No. 2011, Masan District Court Decision 2011, 3826.

In the Changwon District Court Masan Branch C case on the said deposit (hereinafter “instant distribution procedure”), the said court distributed the Defendant a sum of KRW 134,256 won, and KRW 134,256 won to D, and KRW 483,783 to E, respectively, on September 24, 2015. The Plaintiff submitted a written objection to distribution to the said court on the same day and filed the instant lawsuit against the Defendant within seven days therefrom.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Determination on the legitimacy of a lawsuit

A. The distribution procedures are completed after the partial distribution of dividends against the defendant was conducted.

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