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1. The Plaintiff among the distribution schedule prepared by the said court on July 18, 2014 with respect to the distribution procedure B case of the Seoul Central District Court.
Reasons
1. Basic facts
A. On March 25, 2008, the Plaintiff filed a claim for damages against C and D (C’s husband) with the Seoul Central District Court 2010Kahap68065. On September 5, 2012, the appellate court of the said lawsuit rendered a final and conclusive judgment by dismissing the appeal on September 24, 2012, “C and D jointly and severally paid to the Plaintiff 105,102,403 won and interest thereon at the rate of 5% per annum from July 14, 2010 to September 5, 2012, and at the rate of 20% per annum from the next day to the date of full payment. Accordingly, C and D filed a final appeal by Supreme Court Decision 2012Da92562, but the Supreme Court dismissed the final appeal on January 24, 2013.
(hereinafter the above appellate judgment is called the case's judgment). (b)
On May 2010, the Plaintiff provisionally seized the Patent EF Patent No. 2010Kadan2572, which is the right holder, (hereinafter “instant patent”). On March 15, 2013, based on the original copy of the instant judgment with executory power, the Plaintiff issued an order for seizure of a patent to transfer KRW 126,828,364 out of the instant provisional seizure to a provisional seizure under this court’s order for seizure of a patent on June 10, 2013, and issued an order for sale of a patent to sell the instant patent pursuant to the auction procedure for corporeal movables, instead of selling the instant patent under an order for seizure of a patent on June 10, 2013 under this Court’s order for seizure of a patent right.
C. The instant patent was sold and the distribution procedure of the instant patent was conducted as B in this court (hereinafter “instant distribution procedure”). In the instant distribution procedure, the Defendant issued a seizure order against the instant patent on April 18, 2013 by setting the claim amount of KRW 28,000,000 as the Incheon District Court No. 20155, Apr. 18, 2013 pursuant to Article 140 (hereinafter “instant No. notarial deed”). Based on the instant notarial deed, the Defendant issued a seizure order against the instant patent by setting the claim amount of KRW 60,7874, Incheon District Court as the claim amount of KRW 2013TTT37874, the amount of which was KRW 60,997,64, and such seizure order was issued.