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(영문) 서울중앙지방법원 2014.12.18 2014가단166427
배당금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s investment certificates, provisional attachment and seizure of the Plaintiff’s investment certificates (hereinafter “Teowon case”) held the shares of members of the Defendant Specialized Construction Financial Cooperative (hereinafter “Defendant Specialized Construction Financial Cooperative”) and commended the said shares (hereinafter “instant investment certificates”) possessed by the Defendant Specialized Construction Financial Cooperative.

Based on the final judgment on Taewon case, on November 2, 2012, the Plaintiff was ordered to order the seizure of the said investment certificate to transfer the provisional seizure to the provisional seizure by this court 2012TTT 33854, and the execution officer did not receive the said provisional seizure.

On the other hand, the above seizure order was served on the Defendant Mutual Aid Association, the garnishee on November 7, 2012, and the enforcement officer entrusted by the Plaintiff intended to receive the investment certificates from the Defendant Mutual Aid Association, but the Defendant Mutual Aid Association did not refuse and deliver them on the ground of the pledge.

B. On May 23, 2013, this Court ordered the seizure of the instant investment certificates issued by this Court No. 2013TN Co., Ltd. (hereinafter “ENC”) as the creditor of ENC’s proposal on the application of the ENC Co., Ltd. (hereinafter “ENC”), and the delegated execution officer was in possession of the said investment certificates issued by the Defendant Mutual Aid Association.

B. On August 7, 2013, E.I.D. filed an application for a sale order with this court under the court 2013 T.T. 25616 regarding the above investment certificates, and this court sent to the Defendant Mutual Aid Association the fact-finding inquiry as to the existence of the above investment certificates, the right which takes precedence over the above investment certificates, seizure, provisional seizure, etc.

On August 22, 2013, the Defendant Mutual Aid Association sent a reply to the purport that there was no right holder prior to this Court, the Plaintiff’s provisional attachment (this Court 2010 Chicago7965), the seizure (this Court 2012TTTT 33854), and the seizure (this Court 2013 TTT 994) of solar transport.

x) mix this;

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