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(영문) 서울남부지방법원 2017.03.24 2016가단25281
배당이의
Text

1. Of the distribution schedule prepared by the said court on June 17, 2016 in Seoul Southern District Court B’s distribution procedure case, against the Defendant.

Reasons

1. Basic facts

A. On March 31, 2008, the chief of the Yeongdeungpo-gu Tax Office under the Defendant’s jurisdiction notified the Construction Mutual Aid Association of the attachment of claims to the effect that C Co., Ltd. (hereinafter “Nonindicted Company”) is liable to pay national tax of KRW 289,223,310. The notification reached April 4, 2008.

B. On August 4, 2015, Nonparty Company issued and delivered to the Plaintiff a promissory note No. 120 million won per face value, issuance date August 4, 2015, and August 11, 2015, respectively, with a promissory note No. 1, which is the date of payment, and, if the payment of the said note is delayed on the same day, written and issued a notarial deed accepting compulsory execution (hereinafter “notarial deed of this case”).

C. On August 27, 2015, on the basis of the authentic copy of the notarial deed of this case, the Plaintiff received a seizure order regarding the investment certificates held by the non-party company, the garnishee, the construction mutual aid association, and the claim amount of KRW 120 million from the Seoul Southern District Court D regarding the non-party company, the third debtor, the construction mutual aid association, and the construction mutual aid association. The above seizure order was served on the construction mutual aid association on September 2, 2015.

Based on the above seizure order, the Plaintiff filed an application for enforcement with the Seoul Southern District Court enforcement officer, and the said enforcement officer occupied 73 shares of the investment certificates against the Construction Mutual Aid Association of the non-party company (hereinafter “instant investment certificates”) from the Construction Mutual Aid Association.

After that, on January 6, 2016, the Plaintiff received an order to sell the instant investment certificates from the Southern District Court 2015TTT21032 with respect to the instant investment certificates kept by the said enforcement officer, and filed an application for sale with the said court enforcement officer.

Accordingly, the above court enforcement officer conducted the sale procedure of the investment certificate of this case and received 100,700,000 won from the highest price buyer on March 22, 2016 on the bidding date, and reported the auction on the sale order to the Seoul Southern Southern District Court on the same day, and paid the sale price.

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