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(영문) 서울중앙지방법원 2018.10.11 2017나82934
배당이의
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The Plaintiff: (a) filed an application with the Seoul Central District Court for the seizure and collection order of a claim with the Seoul Central District Court as Seoul Central District Court No. 2015 Other Bond 6156, on March 5, 2015, with respect to D’s monthly benefit claim payable to D’s original copy of the No. 172 agreement for monetary loan with the amount claimed as KRW 70,000,000,00 on the authentic copy of the No. 172 agreement for monetary loan, which was executed by a notary public of D, as to the original copy of the No. 172.

9.To obtain the decision of the acceptance.

The defendant shall request the Seoul Central District Court to issue a collection order for the attachment and collection of D's claim amount as KRW 71,227,480, based on the original copy of the No. 1713 (hereinafter referred to as "notarial deed of this case") executed by the notary public of D on January 30, 2015, with respect to D's wage claim against D's literary engineering, with the amount claimed as KRW 71,227,480, as stated in the original copy of the No. 1713 (hereinafter referred to as "notarial deed of this case").

2.3.To obtain the decision of acceptance.

In the distribution procedure conducted as Seoul Central District Court C with respect to D’s wage claims for literary engineering, the above court prepared a distribution schedule with the content that, on January 22, 2016, the Plaintiff, each collecting authority, paid KRW 552,688, and the Defendant distributes KRW 545,148,00 to the Defendant, from KRW 2,216,39, the amount of which would be distributed as dividends of KRW 2,244,230, less enforcement costs.

The plaintiff stated an objection to the whole amount of dividends against the defendant and F on the date of the above distribution, and the defendant also stated an objection to the whole amount of dividends against the plaintiff and F.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2, 16, Eul evidence 2, and the purport of the whole pleadings

2. As the Plaintiff, although the Defendant did not have any actual claim against D, falsely prepared the Notarial Deed and participated in the distribution procedure based on the false claim, the amount of dividends against the Defendant is deleted, and that amount is the Plaintiff.

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