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(영문) 의정부지방법원고양지원 2015.05.14 2014가단25378
공탁금수령권자확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

Facts of recognition

Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd”) deposited KRW 120 million as 885,000,000,000,000,000,000 won as Seoul District Court High Court Decision 2003Kahap332 (hereinafter “Defendant Co., Ltd.”) on July 19, 200 when filing an application for provisional injunction against real estate disposal with the Seoul District Court, which was the heir F, the respondent, as the principal deposit.

Since May 29, 2007, the defendant company obtained the right to recover the deposit upon the revocation of the security from the High Court's High Court's High Court's High Court's High Court's decision.

On June 24, 2014, the Plaintiff received a decision of provisional seizure against the Defendant Company’s right to claim the deposit money against the Republic of Korea from the Goyang Branch of the District Court.

As to the right to claim the deposit of this case, Defendant D competing with the provisional attachment creditors G, H, I, and the collection creditors including the Plaintiff. On December 5, 2008, this Court drafted a distribution schedule with respect to the deposit of this case to distribute the amount of KRW 39,988,607 to the Plaintiff and KRW 39,988,606 to Defendant D, according to the ratio of each claim.

Defendant B and D filed a demurrer to the entire distribution under the name of the Defendant Company, but withdrawn only the objection to the distribution against Defendant D, and Defendant D paid the above KRW 39,988,606 to Defendant D. On December 12, 2008, Defendant B and D filed a lawsuit of demurrer to the distribution against the remaining distribution creditors, including the Plaintiff, under the court Order 2008Da49182 on December 12, 2008, and then withdrawn the lawsuit against the remaining distribution creditors other than the Plaintiff, and was sentenced to a favorable judgment in the said lawsuit that was proceeded to serve by public notice only to the Plaintiff and became final and conclusive.

On March 5, 2010, according to the outcome of the lawsuit of demurrer against distribution, a distribution schedule was prepared to distribute the amount first distributed to the Plaintiff to the remaining creditors, including Defendant D, in proportion to the claim ratio. Defendant D paid KRW 21,519,828 additionally distributed.

Defendant B, C, and D are “Defendant B,” in the case of the Incheon District Court 2012 Godan8154 on November 13, 2012, including fraud, etc.

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