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(영문) 수원지방법원 평택지원 2018.10.17 2018가단54697
배당이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The deceased D (the deceased on November 2, 2016, hereinafter “the deceased”) married the Defendant with E on November 5, 1996.

B. On July 6, 2001, the defendant filed a lawsuit against the deceased seeking divorce and designation of a person with parental authority or a person with parental authority over E, and on December 19, 2001, the defendant was sentenced to a judgment in favor of the defendant, and the above judgment became final and conclusive on January 5, 2002.

(C) The Pyeongtaek District Court 2001ddan3418).

On November 11, 2002, the Defendant filed a lawsuit against the Deceased for the payment of consolation money and child support (Seoul District Court Decision 2002Radan4692), and on February 26, 2003, the conciliation was concluded that “The Deceased shall pay consolation money of KRW 10 million to B, and the Deceased shall pay consolation money of KRW 50,000,000,000 to B for the child support of E by the day before the date when the above E reaches the age of majority.”

On May 13, 2002, the Deceased reported marriage with the Plaintiff on May 13, 2002, and had F and G under the chain, and the Deceased and the Plaintiff shared consultation on February 27, 2006.

E. After the deceased’s death, F, G, on January 10, 2017, filed a claim for the division of inherited property with the court against E, who is the deceased’s child, on the grounds that: (a) on July 20, 2017, F, G, and E (hereinafter referred to as “heirs”) owned 1/3 equity shares, respectively, as to the sum of KRW 35,694,012 of the community credit cooperatives (Account H, I) on July 20, 2017.

‘Mediation' was established with the content of mediation.

hereinafter referred to as "division mediation of this case"

(f) On June 27, 2017, the Defendant: (a) on the basis of the executory exemplification of the conciliation protocol against the other parties, including divorce 2002ddan4692, the Defendant is a successor, based on the executory exemplification of the conciliation protocol against the other parties.

The request for a collection order against the deposit claims stated in the paragraph was made, and the seizure and collection order was issued on July 11, 2017.

Suwon District Court 2017 Other 42253, hereinafter referred to as "the seizure and collection order of this case".

f. this;

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