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(영문) 대법원 2016.03.24 2015다248137
배당이의
Text

The judgment of the court below is reversed, and the case is remanded to Suwon District Court Panel Division.

Reasons

The grounds of appeal are examined.

1. In the compulsory execution procedure against a monetary claim whose title is a notarial deed drawn up based on a valid commission of the debtor or his/her agent and an expression of intent of recognition of execution, even if there exist grounds for invalidation on a juristic act, which is the basis of the claim indicated on such notarial deed, if the compulsory execution procedure continues to proceed without lawfully revocation or suspension through a lawsuit of objection, etc. and the seizure and assignment order of the claim becomes legally final and conclusive, barring any special circumstance, such as where the compulsory execution procedure is used as a means of anti-social juristic act, the effect of transferring the entire claim to the whole creditor pursuant to an assignment order established on the ground of the invalidation of such juristic act cannot be denied

(See Supreme Court Decision 2004Da70024 delivered on April 15, 2005). 2. Review of the reasoning of the lower judgment and the record reveals the following facts. A.

The Plaintiff (Appointed Party) and the Appointed B, and C (hereinafter “Plaintiffs”) prepared by the O-building housing association as one of the notary publics drafted by the O-building housing association, received the order of seizure and assignment of each of the claims against the union members’ contribution claims against the F of the said association under the N-building housing association No. 2344, 209, Sung-nam Branch of Suwon District Court No. 2009, No. 11515 and No. 2010, No. 16856, and accordingly filed a lawsuit against F for the claim for total amount of payment under the Seoul East District Court No. 2010, 16692.

B. In the appellate trial of the above Seoul East Eastern District Court case 2010Gahap16692 (Seoul High Court 2012Na70458), the Seoul High Court sentenced the plaintiffs to the Seoul High Court on November 7, 2013, "F paid each of the plaintiffs 62,472,60 won and the damages for delay thereof (hereinafter "the judgment on the pre-paid installment"). The above judgment became final and conclusive as it is.

C. The Plaintiffs are supported by the Suwon District Court in accordance with the judgment of the full payment.

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