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(영문) 서울고등법원 2016.09.21 2016나2033231
공탁금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court of first instance’s acceptance of the judgment is as stated in the reasoning of the judgment of first instance, except for the dismissal of part of the judgment of first instance as follows. Thus, this is accepted by the main sentence of Article 420 of the Civil Procedure Act.

2. Parts in height:

A. On September 15, 2015, based on Article 58(5) of the Debtor Rehabilitation Act, the rehabilitation court rendered a ruling revoking the seizure and collection order of the claim, which was received by CCTex, based on Article 58(5) of the Debtor Rehabilitation Act on September 15, 2015, and the provisional seizure and provisional seizure of the claim received by the Plaintiff, and the seizure and collection order of the claim to be transferred to the original seizure (hereinafter “decision revocation of this case”).

B. The above decision was served on the obligees including the plaintiff around that time.

"B" (2) On September 15, 2015, the rehabilitation court rendered a decision to revoke the claim seizure and collection order, which was received by Crote under Article 58(5) of the Debtor Rehabilitation Act, and the claim seizure and collection order, which is transferred to the provisional seizure of Crote cement received by the Plaintiff, to the provisional seizure. The above decision was served on each of the above creditors including the Plaintiff at that time. Meanwhile, on July 3, 2015, the Plaintiff was served with the title of execution of the payment order finalized against A as the title of execution of the payment order finalized against A, and was issued a seizure and collection order, which transfers the instant provisional seizure to A as the principal seizure (hereinafter “instant seizure”).

On July 8, 2015, the original copy of the above decision was served on the Defendant. On October 28, 2015, the rehabilitation court again rendered a decision to cancel the seizure and collection order for the transfer of the above provisional seizure received by the Plaintiff to the original seizure under Article 58(5) of the Debtor Rehabilitation Act. The above decision was served on the creditors including the Plaintiff at that time.

The Decision of September 15, 2015 and October 28, 2015 of the rehabilitation court below shall be rendered.

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