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(영문) 대구지방법원 2016.11.03 2016나306175
배당이의
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. On May 15, 2014, the Plaintiff filed an application with the Daegu District Court for the seizure and collection order regarding the claim for the refund of lease deposit (the amount claimed: 11,065,308 won) against E-based on the executory exemplification of the judgment in the above court’s claim for damages claim No. 2007Gahap21, etc. against E (hereinafter “E”) against the Plaintiff’s E-stock company (hereinafter “E”), based on an executory exemplification of the above court’s claim, such as the damages claim No. 2007Gahap21, etc.

On the 19th of the same month, the Plaintiff received a collection order from the above court for the attachment and collection of the same contents, and the above seizure and collection order were served on the KCF on the 22th of the same month.

B. In addition, on July 21, 2014, the Plaintiff filed an application for the attachment and collection order with respect to the claim for the return of the forest damage and recovery deposit (the claimed amount: KRW 100,000,000) held against the Korean Aggregate Association based on the executory exemplification of the deed of the case No. 127 of the F Office of notary public No. 2014, Jul. 21, 2014, and the claim for the return of the lease deposit (the claimed amount: KRW 69,824,410) held against the Sungsung Institute.

On August 18, 2014, the Plaintiff received a seizure and collection order with the same content from the above court, and the above seizure and collection order were sent respectively to the Korea Aggregate Association and the Korea Cuk Institute on the 21st of the same month.

C. Meanwhile, on February 12, 2015, the Defendants and the co-defendant A of the first instance trial (hereinafter “A”) were drafted by E a notary public F Office No. 213 through 215 with the content that “E’s wage unpaid to A and the Defendants is KRW 164,00,000 for A, Defendant B is KRW 62,000 for Defendant B, and Defendant C is KRW 82,80,000 for Defendant C, and each of them is repaid by March 10, 2015 for repayment by March 10, 2015.”

Defendants and A, on April 20, 2015, on the basis of the authentic copy of each of the instant notarial deeds issued by the said court under the Act No. 2015, 1844, 1845, and 1846, on the basis of the authentic copy of each of the instant notarial deeds.

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