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(영문) 대전지방법원 2016.08.18 2016가단3413
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. D filed an application for provisional attachment on the real estate owned by the non-party company with Daejeon District Court 2013Kahap243 (hereinafter “non-party company”) as the debtor and received the provisional attachment order on March 21, 2013 from the above court. On March 24, 2014, the non-party company deposited KRW 200 million deposit money at the above court to cancel the execution of the provisional attachment order.

B. On March 24, 2014, Nonparty Company: (a) transferred the right to claim recovery of the deposit money for release against the Defendant, who is the wife of F, the joint representative director (hereinafter “instant transfer of claim”); (b) notified the State ( Daejeon District Court Deposit Officer); and (c) served the notification on March 25, 2014.

C. On September 17, 2014, the deposit officer of the Daejeon District Court deposited the provisional seizure release deposit for the following reasons, and filed a private report with the said court (hereinafter “instant private report”).

1. Creditor of Daejeon District Court: D debtor's claim amount: 200 million won: The date of notification of assignment of claims on March 21, 2013: The date of receipt by the transferee of the non-party company: The date of receipt by the defendant: On March 25, 2014: The date of receipt by the transferee of the non-party company: The date of receipt by the non-party company: The date of receipt by the non-party company: the amount of attachment of the non-party company: 45,225,450 won: the date of receipt by the non-party company: the date of seizure of claims and collection order on July 28, 2014: the date of receipt by the non-party company: the date of seizure and collection order on the Daejeon District Court: the date of July 28, 2014: the garnishee company's third debtor: the date of service by the Korea: 307,769,676 won on September 17, 2014.

The distribution procedure (hereinafter “instant distribution procedure”) commenced with the Daejeon District Court C upon the instant report on the grounds of the instant report.

E. After that, the Plaintiff, as a creditor of the non-party company, was issued a seizure and collection order (hereinafter “instant seizure and collection order”) with respect to the above provisional seizure release deposit as the Daejeon District Court 2014TTT19265, January 5, 2015, and was served on the State on January 6, 2015.

F. In the instant distribution procedure, the executing court on January 26, 2016.

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