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(영문) 광주지방법원 2016.04.22 2015가합51960
제3자이의
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Defendants, in the auction procedure for corporeal movables, filed an application for compulsory execution (hereinafter “instant compulsory execution”) with the enforcement officer of this court against the articles listed in the separate sheet (hereinafter “instant facilities”) kept in the debtor company’s factory based on the enforcement title against the debtor company between December 10, 2013 and November 28, 2014, as shown in the following table: (a) the Defendants, as creditors of ACBA, filed an application for compulsory execution (hereinafter “instant auction procedure”) against the obligor company; and (b) the corporeal movables auction procedure for the said facilities (hereinafter “instant auction procedure”) began.

In the case of corporeal movables Auction (2013No6619), which was commenced upon the application of the Defendant Pakistan Co., Ltd., the corporeal Movables Auction case applied by other Defendants was being conducted.

On December 10, 2013, the application date for the defendant defendant's case number number Shomomobbb 2013.12.10 Gwangju District Court Decision 2013Kahap1343 decided May 24, 2013, 2013Nohap619 decided July 15, 2014, Seoul Eastern District Court Order 2014Du3553 decided July 29, 2014; the defendant's defendant's defendant's defendant's defendant's defendant's defendant's defendant's defendant's defendant's auction decision 2014Da10889 decided October 24, 2014, 2014 was issued on July 24, 2014 by Gwangju District Court Order 2014Da15429 decided October 24, 2014.2015.

B. On February 3, 2015, the Plaintiff filed the instant lawsuit with the instant court on February 3, 2015, before the completion of the distribution procedure for the said proceeds of sale, and the Plaintiff filed the instant lawsuit with the said court as 2015Kaga5019.

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