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(영문) 서울남부지방법원 2019.07.18 2017나62776
배당이의
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. Of the appeal costs, 1/2 shall be the Plaintiff, and the remainder.

Reasons

1. Basic facts

A. The relationship between the parties H and G are married couple;

The plaintiff is H and the Dong-gu of High School.

Defendant B is the death of H and G couple.

Defendant C is the friendship of Defendant B.

B. On June 8, 2015, G bears over the obligations owed to the Plaintiff by husband H on June 8, 2015, G, and a promissory note as of June 10, 2016 as of June 10, 2016 (hereinafter “third Promissory Notes”) with respect to the Plaintiff.

No. 144 of the notarial deed (hereinafter referred to as “third notarial deed”) after the issuance of the certificate of K Office in 2015.

2) On June 8, 2015, H and G issued the first bill of commitment to Defendant B, and thereafter a notary public in respect of the said Promissory Notes as No. 1401 of I No. notarial deed (hereinafter “No. 1 No. notarial deed”) with respect to the said Promissory Notes, the notary public prepared and issued a No. 1401 of I notarial deed (hereinafter “No. 1”).

3) On July 2, 2015, G issued a second pledge to Defendant C on July 2, 2015, and thereafter, G issued a notarized deed as to the said Promissory Notes by a notary public on July 26, 2015 (hereinafter “second Notarial Deed”) with respect to the said Promissory Notes as Law Firm J No. 2015 and No. 1 and No. 2, respectively, “each No.

(C) On May 12, 2016, the Plaintiff issued a collection order as Seoul Southern District Court 2016TTT No. 2016TT No. 2767 with respect to the right to claim dividends against the Republic of Korea in the auction procedure for G’s property based on the No. 3 notarial deed, and the said collection order was served on April 12, 2016 to the Republic of Korea.

2) On May 27, 2016, Defendant B issued a collection order with respect to the said G’s right to claim dividends against the Republic of Korea under the Suwon District Court’s Ansan Branch 2016TT 6312 on the basis of the No. 1 authentication on May 27, 2016, and Defendant C also served on the Republic of Korea on May 30, 2016. (3) On May 27, 2016, Defendant C also issued a collection order with respect to the said G’s right to claim dividends against the Republic of Korea.

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