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(영문) 대전지방법원서산지원 2016.10.18 2016가단1559
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 29, 2015, the Plaintiff received a seizure collection order from this court as to KRW 449,054,60 among the claims for dividends, etc. of this Court C, D, and E (Dupl) case (hereinafter “instant auction case”) against the Republic of Korea (hereinafter “instant auction case”) against the third debtor of this Court C, D, and E (hereinafter “Nonindicted Company”) who is the debtor.

B. On August 24, 2015, the Defendant received a seizure collection order regarding KRW 500,701,300, out of the claims for dividends, etc. of the auction case of this case against the third debtor of the non-party company, who is the debtor, from this court.

The above collection order was served on the garnishee on August 27, 2015.

C. Nonparty Company received 300,000,000 won as a person holding a provisional seizure on the date of distribution of the instant auction case, which was implemented on July 22, 2015.

On August 7, 2015, the dividend was deposited on the ground that the secured claim of the non-party company was not finalized, and that the plaintiff was issued a seizure collection order against the non-party company's dividend, etc.

On December 24, 2015, the deposit officer of this Court is the same as the executing court.

In relation to the right to demand the withdrawal of the deposit stated in the claim, a report on the reason of deposit stating that the order of seizure against the plaintiff and the defendant is concurrent.

E. On the date of distribution of the said deposit executed on February 24, 2016, this Court distributed each of the KRW 7,186,250 to the Plaintiff, according to the percentage of the amount of seized claims by the Plaintiff and the Defendant (the amount of KRW 115,50,000, KRW 54,600, KRW 500, KRW 500, KRW 500, KRW 500, KRW 300, KRW 31,138,222 to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, Gap evidence 6, Gap evidence 8, Gap evidence 9, the purport of the whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion 1) The Defendant is a notary public’s authentic deed No. 410 of the deed prepared by G on August 13, 2015 (hereinafter “notarial deed of this case”).

on the basis of this section.

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