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(영문) 서울중앙지방법원 2017.04.25 2016가단5172698
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff’s husband C was sentenced to a penalty of 2 years and six months and 664,808, and 736 won (based on the Act on Regulation and Punishment of Criminal Proceeds Concealment) from the above court on October 17, 2014.

C appealed against this, [Seoul High Court 2014No3203, 2015No371(merged)], the Labor Standards Act and the Act on Guarantee of Workers' Retirement Benefits were consolidated and sentenced to the above additional collection in 2 years and 8 months of imprisonment, and the final appeal was rendered on August 27, 2015.

B. On the other hand, on December 29, 201, the Plaintiff purchased the instant real estate No. 104 and 1401 of the building E (hereinafter “instant real estate”) on two parcels outside Seoul, Gangnam-gu, Seoul through a voluntary auction on December 29, 201. The Defendant, based on the above judgment against C, completed the provisional attachment execution on October 28, 2014 by receiving an order of preservation for collection issued on October 17, 2014 by Seoul Southern District Court 2014 initially926.

C. On September 25, 2015, the Seoul Central District Court (Seoul Central District Court) voluntarily rendered a decision to commence auction on the instant real estate upon the Plaintiff’s application for the interesting country life insurance company.

On July 21, 2016, the distribution schedule prepared by the defendant on July 21, 2016 was distributed to the defendant as a person holding the right of provisional seizure an additional collection charge of KRW 45,836,063, out of KRW 664,808,736, and the plaintiff was not paid dividends.

(Time) Evidence Nos. 1 through 4, No. 1, 2016, July 26, 2016) / [Grounds for recognition] 1 to 4, and the purport of the whole pleadings.

2. The assertion and judgment

A. On December 29, 201, the Plaintiff asserts that, as the Plaintiff purchased the instant real estate through a voluntary auction on December 29, 201, it is null and void for the Plaintiff’s provisional attachment of the claim against C, a third party, as the preserved right.

B. “Defendant’s property” that can be prohibited from disposal by issuing an order of preservation for collection, under the name of anyone.

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