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(영문) 부산지방법원 2016.12.22 2016나42005
배당이의
Text

1. Revocation of a judgment of the first instance;

2. All of the instant lawsuits are dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The reasoning for the court’s explanation on this part of the facts is as follows, and this part of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, and thus, this part is cited by the main text of Article 420 of the Civil Procedure Act.

Of the judgment of the first instance court, the part of the "deposit of dividends to Section 10" in Section 2 is as follows.

『나. C에 대한 배당금의 공탁 1) 피고 신보뉴첼린지2010제2차유동화전문 유한회사는 이 사건 매매계약이 사해행위임을 이유로 사해행위취소에 기한 원상회복청구권을 피보전권리로 하여 2012. 7. 10. 부산지방법원 2012카단6021호로 C의 대한민국에 대한 위 배당금청구권에 관하여 채권추심 및 처분금지가처분 결정을 받았고, 위 결정은 2012. 7. 11. 대한민국에 송달되었다.

2) On February 25, 2013, the Defendant Credit Guarantee Fund received a decision on debt collection and provisional disposition as to the claim for restitution based on the revocation of a fraudulent act on the ground that the instant sales contract is a fraudulent act, as the preserved right, regarding the claim for restitution of dividends against the Republic of Korea, and the said decision was served on the Republic of Korea on February 27, 2013.3) Meanwhile, on April 4, 2013, the Plaintiff received a decision on provisional seizure against the claim for dividends against the Republic of Korea by Busan District Court Decision 2013Kahap51 (the claim for reimbursement based on the revocation of a fraudulent act) with the amount of claim KRW 40 million (the claim for compensation for damages arising from the revocation of a fraudulent act). The said decision on provisional seizure was served on the Republic of Korea on April 10, 2013.

4) On April 22, 2013, Busan District Court deposited KRW 36,409,301 (hereinafter “instant deposit”) with the deposited person C pursuant to Article 291 and Article 248(1) of the Civil Execution Act as Busan District Court No. 3761, Apr. 22, 2013 (hereinafter “instant deposit”).

. Of the judgment of the first instance court, the phrase “(e)(E)(E)(7)” of the first instance judgment is as follows.

E. On May 2, 2014, the depository of Busan District Court issued a seizure collection order with respect to the instant claim for payment of deposit money.

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