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(영문) 수원지방법원 안양지원 2017.02.10 2016가단106283
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be found either as a dispute between the parties or as a whole in the statements set forth in Gap evidence Nos. 1, 2, 3, 4, 10, 11, 12, and Eul evidence Nos. 1, 2, 3, and 4.

The Plaintiff completed the registration of ownership transfer based on donation on March 10, 2004 with respect to the instant land on March 10, 2004 (hereinafter “instant land”). Then, the Plaintiff divorced from E who is his spouse on May 8, 2014, and E completed the registration of ownership transfer based on the divorce on June 18, 2014.

B. (1) On October 6, 2014, the Plaintiff and E, separate from the agreement in the conciliation procedure, entered the provisional attachment registration of the instant land into a provisional attachment (U.S. District Court Decision 2014Kadan3029) with the amount claimed on November 27, 2014 as KRW 50,196,740, and the provisional attachment registration of the instant land was completed on the same day. On the other hand, the Defendant was an employee of “F,” who was employed by E, working in the “F,” and the sum of wages, 10,000,000,000 won until September 2014, 2014, and the Defendant did not claim for provisional attachment registration of the instant land as KRW 10,000,000,000,000,000 from the date of provisional attachment (the date of provisional attachment).

3) Afterwards, the Defendant filed a claim against E for the payment of KRW 10,910,000 for the overdue wages (No. 2014 Ghana Support 2014da42341, hereinafter “instant lawsuit”).

B. On February 11, 2015, E filed a suit with the Plaintiff at the rate of 20% per annum from December 6, 2014 to the date of complete payment.

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