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(영문) 전주지방법원 2016.11.02 2014가합5868
배당이의
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff’s bonds completed the construction work upon receiving a construction contract from F Co., Ltd. (hereinafter “F”), but did not receive construction cost of KRW 800,450,717.

B. The Defendant A, the F obligees’ creditor of F, is the F’s creditor of the provisional attachment or seizure and collection order (1) and the amount of the claim is KRW 2,250,00,000,000 on July 2, 2014, with respect to F’s claim against the Korea Land and Housing Corporation as the preserved claim under “the authentic copy of a notarial deed 2014, 14, 201, 14, 200, 250,000.

(2) Defendant B, a F’s creditor, filed an application for provisional attachment against F’s claim against the Korea Land and Housing Corporation with a loan claim as a secured bond, and received a provisional attachment order with the Jeonju District Court 2013Kadan3381 on August 27, 2013. The claimed amount is KRW 360,000,000.

(3) Defendant C, a F’s creditor, filed an application for provisional attachment against F’s claim against Korea Land and Housing Corporation with its claim for return of investment deposit as preserved bond, and received a provisional attachment order with the Jeonju District Court 2013Kadan4127. The claimed amount is KRW 516,00,000.

(4) Defendant C, a F’s creditor, filed an application for provisional attachment against F’s claim against the Korea Land and Housing Corporation with the re-loaned credit as the secured credit, and received a provisional attachment order with the Jeonju District Court 2013Kadan4551. The amount claimed is KRW 723,813,698.

(5) Defendant D, a F’s creditor, filed an application for provisional attachment of F’s claim against the Korea Land and Housing Corporation with the return of sale price and compensation for damages as preserved bond, and received a provisional attachment order with the Jeonju District Court 2013Kadan4148. It is KRW 890,000,000.

(c) The criminal complaint procedure (1) the defendant D, C, and B shall be returned by adding 50% to the investment funds after three months if they are invested in G construction without the intention or ability to construct the officetel building.

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