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(영문) 서울서부지방법원 2014.10.02 2013가합12488
배당이의
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Facts of recognition;

A. D obtained on January 4, 2013 a decision on provisional seizure of real estate (Seoul Western District Court 2013Kahap13, Seoul Western District Court 2013Kahap13) with respect to real estate owned by E as the preserved right by taking the claim equivalent to KRW 368,050,000 for E and the delay damages therefor as the preserved right.

E on March 16, 2013, deposited KRW 400,000,00 (hereinafter “instant deposit”) in order to cancel the execution according to the provisional attachment order.

B. On May 20, 2013, the Plaintiff received a decision on provisional seizure of claims against D’s Republic of Korea as to “the claim amount equivalent to KRW 305,00,000 from among the claim for payment of deposit money held by D in the future against the money deposited by D as Seoul Western District Court Decision 2013Ra1348 on March 16, 2013” (hereinafter “decision on provisional seizure of this case”).

On May 23, 2013, the original copy of the ruling on provisional seizure of the above claim was served to the Republic of Korea as the garnishee.

On the same day, the deposit official of the Seoul Western District Court notified the Suwon District Court of the fact that "D is not a party to the deposit of this case and it is impossible to execute the deposit of this case."

C. D filed a lawsuit seeking the payment of the above transfer amount against E (Seoul District Court 2013Gahap7243) and received a favorable judgment on August 28, 2013, and the said judgment became final and conclusive on September 24, 2013.

D On September 27, 2013, based on the executory exemplification of the above judgment, D was issued a claim attachment and assignment order (Seoul Western District Court 2013TTTTTT 2013TT 13379) to transfer a provisional attachment of the claim for recovery of the amount of deposit in this case to the Republic of Korea.

E. On October 4, 2013, the Defendant received a seizure and collection order (Seoul District Court 2013TBT 25148) regarding D’s right to claim the payment of the amount of the instant amount of the deposit against D’s Republic of Korea with the title of execution on June 29, 2012, with its face value 410,000,000 won as D’s face value.

F. Seoul Western District Court C. on the deposit money of this case

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