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(영문) 인천지방법원 2019.08.14 2018가단257773
배당이의
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs are creditors against Nonparty F Co., Ltd. (hereinafter “F”), and the Plaintiff Co., Ltd. (hereinafter “Plaintiff A”) issued a provisional seizure and collection order under the Daegu District Court Decision 2018Kadan31586 (hereinafter “Plaintiff B”) with respect to the amount to be distributed as collateral security holders in the Daegu District Court Kimcheon-dong G real estate auction case, as to the amount to be distributed as collateral security holders in the Daegu District Court G real estate G, the Plaintiff Co., Ltd. (hereinafter “Plaintiff A”) was sent to the Republic of Korea as the Incheon District Court Decision 2017T, and the Plaintiff Co., Ltd. (hereinafter “Plaintiff B”) issued a provisional seizure and collection order under the Daegu District Court Decision 2018Kadan31586 (hereinafter “Plaintiff C”), and each of the above orders was served to the Republic of Korea as the garnishee.

B. On February 15, 2017, F, jointly with Non-Party H Co., Ltd. (hereinafter “H”), issued a promissory note in Incheon Metropolitan City at each of the place of payment at which the payment was made on June 30, 2017 with the Defendant, and a notary public, who delayed the payment of the amount of the said promissory note under No. 68 of 2017, a notarial deed with the intent to recognize and recognize that there is no objection even if he/she immediately is subject to compulsory execution.

(hereinafter referred to as “notarial deeds of promissory notes of this case”).

The Defendant issued a collection and seizure order with respect to the instant promissory note No. 2018TTTT No. 2018TTTG G real estate auction case by the Daegu District Court Kimcheon-do G real estate auction case by the Daegu District Court as the title of execution, with respect to the instant promissory note No. 14262, F issued a seizure and collection order with respect to the dividend claim

The Republic of Korea deposited the dividends to F in the auction procedure of real estate Kimcheon-gu G real estate G with the Daegu District Court Kim Jong-cheon Branch of the Daegu District Court in accordance with No. 539 in 2018.

In the Incheon District Court E dividend procedure for the above deposit (hereinafter “instant dividend procedure”).

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