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(영문) 서울고등법원 2016.12.08 2016나5278
배당이의
Text

1. Of the judgment of the court of first instance, the part concerning the defendant in the judgment of the court of first instance is modified as follows.

Seoul Eastern District Court G dividend procedures.

Reasons

1. Basic facts

A. 1) The Plaintiff is a party to the dispute and deposit, etc.

(2) The Plaintiff received a provisional attachment order on all bonds (hereinafter referred to as “refinite bonds”) in the amount remaining after the Plaintiff paid to the first beneficiary, etc., prior to the disposal of real estate pursuant to the security trust agreement or other money, prior to the registration of a title transfer under the real estate trust agreement entered into with the land trust agreement by the Seoul Dong-dong District Court 2009Kadan6761, with respect to real estate, the registration of ownership transfer of which has been completed under the real estate trust agreement entered into with the Korea Land Trust Co., Ltd. Co., Ltd., which was completed, by a notary public, with respect to an amount of money that would be paid to the H Co., Ltd. to the H Co., Ltd. (hereinafter referred to as “refinite bonds”).

3) When the provisional attachment decision was delivered to the Korea Land Trust Co., Ltd., the Korea Land Trust Co., Ltd., which shall pay to the HBA as follows, was deposited in Seoul Eastern District Court No. 4099 on April 30, 2013 on the ground that the creditors of the HBA and the creditors of the HBA have priority interest in the provisional attachment of the creditors of the HBA and the two companies to the HBA, and it cannot be known to whom they should be paid. 4) The plaintiff was sent the provisional attachment and collection order to transfer the above provisional attachment to the Republic of Korea by Seoul East East District Court No. 2013TTT 6401 on May 3, 2013.

5) The Defendant, with the loan claim amounting to KRW 326,435,370 of the H20, as the loan claim amounting to the H26,435,370, received a provisional attachment decision on August 12, 2009 with the Seoul Dong-dong District Court 2009Kadan9221, with respect to the above remaining amount of the land trust in the H209, and around that time, the provisional attachment decision was served on the Korea Land Trust Co., Ltd.

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