logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.12.24 2015가단5147152
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 14, 2011, the Defendant issued an order to attach investment certificates to the members’ shares (82,283 won per investment share, per investment share of KRW 46) based on the investment certificates held by the Seoul Central District Court 201TTT 201T 47881 (hereinafter “Design Cock”) against a specialized construction mutual aid association. On March 20, 2014, the Defendant received an order to sell the investment certificates attached pursuant to the seizure order of the investment certificates issued by the Seoul Central District Court 2013T 42371, supra.

B. On January 19, 2015, the enforcement officer of the Seoul Central District Court who sold the said investment certificates submitted the money cashed to the enforcement court.

C. On May 15, 2015, Seoul Central District Court 2013TTT 2013TT 42371, A distribution procedure was conducted for the sales price of investment certificates sold by an order to sell investment certificates. On May 15, 2015, the said court drafted a distribution schedule that distributes the total amount of KRW 31,542,717, which is the amount to be actually distributed to the Defendant who is

On May 15, 2015, the Plaintiff raised an objection against the total amount of dividends of the Defendant on the date of distribution of the foregoing case, and filed the instant lawsuit on May 21, 2015, which was seven days thereafter.

E. Meanwhile, on October 20, 2011, the Plaintiff received a provisional attachment order on the claims for investment money deposited by the Seoul Central District Court as Seoul Central District Court 201Kadan61874 with respect to a specialized construction mutual aid association.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 3-1, 2, 4-1, 5, 7, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserted by the parties, even though the defendant is merely a party who applied for an order to sell an investment certificate as Seoul Central District Court 2013TTT42371 and is not a creditor who takes precedence over the plaintiff, the court of execution distributes the total amount of the sales price of the investment certificate only to the defendant. The defendant's claim for a promissory note against the defendant's design Cock

arrow