(영문) 서울중앙지방법원 2014.09.12 2013가단250004

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(영문) 서울중앙지방법원 2014.09.12 2013가단250004

배당이의

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff, based on the final judgment of the Seoul Central District Court case of Promissory Notes No. 2012Da2501999, filed an application for a seizure and collection order concerning D’s claim regarding the surplus dividends in the real estate E auction procedure of the above court held against the Republic of Korea by the above court No. 2012TT40902, and received a decision to seize and collect the same from the above court on January 3, 2013. The above decision was served to the Republic of Korea around that time.

B. In addition, the Plaintiff filed an application with the Seoul Central District Court 2012TT 40903, which held D against the Republic of Korea for the seizure and collection order of the surplus dividends in the above court E real estate auction procedure. On January 15, 2013, the Plaintiff received a decision of seizure and collection order of the contents of the above court’s acceptance of the above claim. The above decision was served to the Republic of Korea around that time.

C. The Defendant: (a) obtained a notary public from D to prepare and deliver the notarial deed No. 11117, 2012 (hereinafter “notarial deed of this case”); and (b) filed an application with the Seoul Central District Court for the seizure and collection order of the claim regarding the dividend (reserve) in the above court E-real estate auction procedure held against D as Seoul Central District Court No. 2013, 1091; and (c) received a decision from the above court on January 15, 2013 to order the seizure and collection of the claim; and (d) the above decision was served to the Republic of Korea around that time.

Accordingly, on April 16, 2013, Korea deposited KRW 221,385,607 as the surplus in the E-property auction case to be paid to D by the Seoul Central District Court No. 2013 Geum7950 on the ground that the claims and collection orders of the Plaintiff and the Defendant coincide with each other.

E. Accordingly, the Seoul Central District Court shall pay C the deposit money.

유사 판례

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