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(영문) 서울남부지방법원 2016.06.08 2015가단46243
배당이의
Text

With respect to the distribution procedure of the Seoul Southern District Court C, the above court shall develop the defendant Park Young-young among the distribution schedule prepared by the above court on August 28, 2015.

Reasons

Facts of recognition

On January 10, 2008, U.S. District Court 2008Kadan177, the Defendants’ provisional attachment and seizure company (hereinafter “ST development”) received a decision of provisional attachment on the amount of KRW 38,905,339 out of the right to claim the return of investment to the third obligor Specialized Construction Mutual Aid Association of the third obligor Specialized Construction Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”).

(hereinafter “instant provisional seizure.” Defendant B received an order of seizure on investment certificates held by Nonparty B against the Third Specialized Construction Mutual Aid Association (hereinafter “instant investment certificates”) on September 27, 2010 by this Court 2010TT 20199.

The Plaintiff’s seizure and distribution order was issued on November 12, 2012 by Suwon District Court No. 2012TT21477, based on the original copy of the decision on performance recommendation in the case of goods payment.

(hereinafter “instant seizure order”). On January 8, 2015, the instant seizure order was issued by the Specialized Construction Mutual Aid Association on delivery of 21 share of the instant investment certificates (No. 2014No. 4887) from January 8, 2015, and the sale order was issued on March 19, 2015. Accordingly, on May 28, 2015, the said investment certificate was sold at KRW 12,030,00 (No. 1364), and on June 2, 2015, the said amount was presented to this court.

Since then, this court prepared a distribution schedule as follows: (a) the amount remaining after deducting the enforcement costs on the date of distribution conducted on August 28, 2015 through a fact-finding to the Specialized Construction Mutual Aid Association; (b) the Defendant of the person holding a provisional attachment authority: (c) the amount of money to be distributed to the Defendant of the person holding the attachment authority KRW 2,915,519; and (d) the amount of money to be distributed to the Plaintiff of the person holding the attachment authority KRW 2,763,7

(hereinafter “instant distribution schedule”). The Plaintiff is against the Defendants on the date of the said distribution. As to the entire amount of distribution on the said date.

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