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(영문) 수원지방법원 2014.10.16 2013가합28974
배당이의
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On December 29, 2010, Suwon District Court Decision 2010 Taz. 30935 (hereinafter “Defendant Life Annuity”) issued an order of seizure and assignment regarding KRW 1,767,00,000 among the claim for construction payment against Gyeonggi-do by Defendant Life Annuity Construction (hereinafter “Defendant Life Annuity”), and the above attachment and assignment order became final and conclusive around that time.

On January 4, 2011, the Defendant National Bank received a collection order as to KRW 134,067,513, out of the construction price claim against the Defendant’s suggestion Gyeonggi-do as Suwon District Court 2011TTTT 9013.

On March 30, 201, the Plaintiff: (a) as Seoul Central District Court 201Kadan27736, the Plaintiff’s right to the advance indemnity claim 713,000,000 won against Defendant Shin Jong-sung; (b) Korea Bank (hereinafter “Korea Bank”); (c) on April 6, 2011, as Suwon District Court 201Kadan10783, 200,000 won against Defendant Shin Jong-sung as the preserved right, provisionally seized the claim for construction payment against each Defendant Shin-sung-do as the preserved right.

On November 28, 2011, Defendant Life Annuity transferred KRW 390,300,000 of the construction price claim for Defendant Life Annuity Construction Co., Ltd. (hereinafter “Co., Ltd.”) to Defendant Life Annuity Construction Co., Ltd.

B. On April 23, 2012, Gyeonggi-do deposited KRW 390,30,000,00 on the ground that the assignment order of a person under name was invalid as the Incheon District Court Decision 2012No. 2433, the creditor cannot be identified, and multiple provisional seizures, etc. are concurrent.

On May 2, 2012, Gyeonggi-do reported the reasons for deposit, and the distribution procedure A of Suwon District Court (hereinafter referred to as the “instant distribution procedure”) began.

C. The Incheon District Court, which filed against Defendant National Bank against Defendant National Bank of Korea, filed a claim for the revocation of fraudulent act, etc. by 2012Gahap11354, the same court is the Defendant’s name.

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