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(영문) 인천지방법원 2015.10.22 2015가단6820
배당이의의 소
Text

1. Of the distribution schedule prepared on January 29, 2015 with respect to the distribution procedure case by the Incheon District Court B, the above court against the defendant.

Reasons

1. Indication of claim;

A. On April 25, 1998, based on the notarial deed No. 375 of the 98-year deed against C, the Defendant received the attachment and collection order of the claim amounting to KRW 500 million from the Incheon District Court D and E with respect to the wage claim against Gyeonggi-do on April 25, 1998.

B. On September 5, 2008, the Plaintiff received a seizure and collection order against C’s wage claim against Gyeonggi-do under the Incheon District Court Decision 2000Gau170462 decided on September 5, 2008, as the Incheon District Court Decision 2008 Tau12616 on September 5, 208.

C. When the seizure of C’s wage claim competes, Gyeonggi-do deposited it as the Incheon District Court No. 9528 in 2014, and the distribution court of the distribution procedure case for the Incheon District Court B that took place on January 29, 2015, prepared a distribution schedule with the content that distributes the amount of KRW 3,935,247 to the Defendant, the collection right holder, and KRW 246,749 to the Plaintiff, the collection right holder, as the first priority order.

A notarial deed No. 375 of 98, which is a defendant's executive title, is invalid as a notarial deed prepared by a false agreement between the defendant and C.

In addition, 10 years have elapsed since the date of the preparation of the above notarial deed, the claim was extinguished by prescription.

E. Therefore, the distribution schedule should be revised to the effect that the Defendant distributes the dividend amount to the Plaintiff.

2. Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act).

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