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(영문) 서울고등법원 2016.08.30 2016나2023609
배당이의
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. On December 27, 2012, the Plaintiff received the authentic copy of the notarial deed of a monetary loan for consumption with executory power issued by G from its debtor G as the executory title, and received the claim attachment and collection order as the Seoul Northern District Court 2010TY 3706. On May 2, 2012, the Plaintiff filed a lawsuit against H for the claim for collection under the above claim attachment and collection order as the Seoul Northern Northern District Court 201Gahap20530, and was sentenced that H would pay the Plaintiff KRW 337,740,684 and its delay damages.

On the other hand, H filed an appeal as Seoul High Court 2013Na2001875, but the judgment dismissing the appeal was rendered on July 4, 2013, and H did not file an appeal within the filing period, and the said judgment became final and conclusive on July 25, 2013 due to H’s failure to file an appeal within the filing period.

(hereinafter referred to as “the claim for collection of this case”) B.

Defendant B prepared a lease agreement on June 30, 2014 with respect to the real estate listed in the separate sheet owned by H (hereinafter “instant real estate”) with H as the lease deposit amount of KRW 30 million, and the lease period of KRW 24 months, and completed the moving-in report on July 16, 2014, and received the fixed date on the same day.

Defendant C also prepared a lease agreement on June 30, 2014 with respect to the instant real estate as the lease deposit amount of KRW 35 million and the lease period of KRW 24 months between Defendant C and H, and completed the move-in report on June 30, 2014, and received the fixed date on the same day.

C. Defendant D filed an application against H for provisional seizure against the instant real estate by Seoul Northern District Court 2013Kadan5654 regarding the instant real estate, and according to the decision of such provisional seizure, the registration of provisional seizure against H was completed on September 25, 2013 with the claim amounting to KRW 80 million and the creditor D.

Meanwhile, Defendant D requested a payment order against H on September 3, 2013, seeking a loan of KRW 50 million and damages for delay as Seoul Northern District Court Decision 2013 tea4977, and the payment order with the same content from the above court.

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