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1. Of the distribution schedule prepared on September 6, 2013 by the same court with respect to the distribution procedure case C by the Seoul Central District Court, the defendant is the defendant.
Reasons
1. Facts of recognition;
A. The Plaintiff: (a) obtained a notary public from D to prepare and deliver a notarial deed No. 1117, 2012; and (b) filed an application for a seizure and collection order with respect to the claim of dividends in the above E-real estate auction procedure, which D holds against the Republic of Korea, with the Seoul Central District Court 2013TTTT10,000,000 won as the claim amount; (c) obtained a seizure and collection order with respect to the claim of dividends in the above E-real estate auction procedure, which D had against the Republic of Korea; and (d) received a decision to seize and collect the same from the above court on January 15, 2013
B. Based on the final judgment of the promissory note gold case No. 20199 against D, the Defendant filed an application with the above court for a seizure and collection order concerning the claim regarding the surplus dividends in the auction procedure of real estate E real estate in the above court held against D as against the Republic of Korea. On January 3, 2013, the Defendant was issued a ruling of seizure and collection order (hereinafter “order 1 seizure and collection order”), and the above ruling was served to the Republic of Korea at that time.
C. In addition, the Defendant filed an application with the Seoul Central District Court 2012TT 40903 (Seoul Central District Court 2012TT 40903) for the seizure and collection order of the surplus dividends in the above court E real estate auction procedure that D had against the Republic of Korea. On January 15, 2013, the above court received a ruling of the seizure and collection order of the contents of the claim citing it (hereinafter “the collection order of the second claim”). The above ruling was served to the Republic of Korea around that time.
Accordingly, on April 16, 2013, the Republic of Korea paid to D as Seoul Central District Court No. 2013 gold No. 7950 on April 16, 2013, on the ground that the claims and collection orders of the Plaintiff and the Defendant coincide with each other, KRW 21,385,607.