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(영문) 인천지방법원부천지원 2015.07.01 2014가단45548
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. D was issued a seizure and collection order (the claimed amount KRW 65,600,000) regarding the claims against E’s Pacific hotel (hereinafter “Nonindicted Company”) by the Incheon District Court 2009TTTT 19581.

B. On November 21, 2012, the Plaintiff received a seizure and collection order (the claimed amount of KRW 65,60,000) with respect to the F’s claim against the non-party company as the Busan District Court Branch Branch Decision 201Da37675, Nov. 21, 2012, the Plaintiff issued a seizure and collection order (the claimed amount of KRW 65,60,000) with respect to the F’s claim against the non-party company. The original was served on the non-party company around November 26, 2012.

C. On July 10, 2014, pursuant to Article 248(1) of the Civil Execution Act, Nonparty Company deposited KRW 10,033,585 with the Incheon District Court No. 5672 in 2014, and submitted a report of reason.

(F) The above statement of reasons is written by F.D. that the claim shall have been transferred from D.

Meanwhile, on May 1, 2014, G and H transferred G’s claim against G’s mother to the Defendant on May 28, 2014, and notified F of the assignment of claim to F on May 28, 2014. On June 19, 2014, the Defendant issued the Incheon District Court Branch Branch Order 2104 tea 183, issued a payment order to F on June 19, 2014, and accordingly, issued a seizure and collection order (the claimed amount KRW 906,509,5899) with respect to the dividend payment claim that F has against the Republic of Korea in the distribution procedure of the deposit.

E. On August 27, 2014, the Incheon District Court prepared a distribution schedule that distributes KRW 2,354,957 to F (hereinafter “D’s transferee”) in the distribution procedure of the said deposit. On September 1, 2014, the Incheon District Court submitted a report on the reason that the seizure is the total sum of the dividend amounts against F with respect to the said distribution amount to the Busan District Court Vice-Support F.

F. On November 5, 2014, in the distribution procedure C case (hereinafter “instant distribution procedure”), Busan District Court: (a) drafted a distribution schedule that distributes the amount of KRW 158,087 to the Plaintiff; and (b) the Defendant 2,184,573 to the Defendant, respectively.

[Reasons for Recognition] There is no dispute, Gap evidence Nos. 1 through 7.

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