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(영문) 광주지방법원 2017.05.24 2016나56867
배당이의
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's conjunctive claim added by this court is dismissed.

3...

Reasons

1. Basic facts

A. On November 4, 2014, the Plaintiff filed a lawsuit against D seeking the payment of outstanding amount of KRW 768 million out of the total amount of the total amount of KRW 310,000,000 supplied on November 17, 2012, with the Gwangju District Court 2014Da2720, 200, and damages for delay, and the said judgment became final and conclusive.

B. On November 20, 2012 and November 20, 2013, the Defendant applied for a payment order against D seeking payment of KRW 200,000,000,000,000,000 won in total and damages for delay, which was issued by the Gwangju District Court Branch Branch 2015 tea55, and the said payment order was finalized as is.

C. The Plaintiff, the Defendant, the National Agricultural Cooperative Federation (hereinafter referred to as the “Agricultural Cooperatives Federation”), the Fisheries Cooperatives Federation in Yando (hereinafter referred to as the “Nando”), and the Agricultural Cooperatives Federation (hereinafter referred to as the “Nomsan National Agricultural Cooperatives”), upon receipt of a provisional attachment decision regarding each of the real estate owned D and each of the fishing vessels listed in the separate attachment list (hereinafter referred to as “each of the instant fishing vessels”) from June 13, 2014 to May 29, 2015, the provisional attachment decision was completed.

1) Real estate DD D D D D D D D D D D D D D A B E F G H H2) D D D D D D D D A B AJ C

D. On May 28, 2015, the Plaintiff filed an application for a compulsory auction with respect to each of the instant fishing vessels to Gwangju District Court Assistance C, and on May 29, 2015, the executing court decided to commence the compulsory auction procedure (hereinafter “instant compulsory auction procedure”).

E. On February 22, 2016, on the date of distribution of the procedure for compulsory auction of this case, the said court prepared a distribution schedule that distributes the amount of KRW 91,804,648 as follows, but the Plaintiff raised an objection against the Defendant’s amount of distribution, and filed the instant lawsuit on February 29, 2016.

1 National Health Insurance Corporation, 966,730 won, 966,730 won, 2 defendant 2,40,869,845 won, 31,650,025 won, which is the grounds for distributing the amount of claims to priority creditors.

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