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(영문) 의정부지방법원고양지원 2020.11.12 2019가단101048
배당이의
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. On April 29, 2015, the Plaintiff filed a lawsuit against D seeking the payment of a security deposit obligation, and won the lawsuit. Although D filed a subsequent appeal, the appeal was dismissed, and the said judgment became final and conclusive on September 8, 2016.

(The High Court Decision 2014Gahap8592 decided April 29, 2015, Seoul High Court Decision 2015Na23439 decided August 19, 2016, hereinafter “instant judgment”). (b)

The Plaintiff received a collection order for the attachment and collection of D’s security deposit with the title of execution (Seoul District Court High Court 2015TTT 6960), and the said order was served on the lessor E on June 15, 2015.

C. On April 16, 2018, the Plaintiff filed a lawsuit seeking a settlement recommendation that “E shall pay KRW 100 million to the Plaintiff at the same time as the receipt of F apartment G from D,” with the above E as the Defendant, and the said decision became final and conclusive.

(hereinafter referred to as “decision of recommending reconciliation of this case”) D.

The defendant applied for a payment order against D for the payment of security deposit obligation, and since D did not object to the payment order, the above payment order was finalized on September 23, 2016.

(Ulsan District Court 2016j2656 dated September 5, 2015, hereinafter "the instant payment order"). E.

The Defendant, with the title of the instant payment order, was issued a seizure and collection order against D’s deposit deposit (Seoul District Court High Court 2016 other Doz.11293). On November 7, 2016, the said order was served on the lessor E.

F. The Plaintiff received KRW 100 million from E in accordance with the decision on the recommendation for reconciliation in the instant case, but the Defendant’s collection order was concurrent with each other, and deposited KRW 100 million in the execution of the collection amount as the gold No. 3481, Nov. 14, 2019.

(g) The deposit of this case (hereinafter “the deposit of this case”). The procedure for distributing dividends C to the High Government District Court, which has been held with respect to the deposit of this case.

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