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1. Of the distribution schedule prepared by the said court on October 27, 2015 in the Changwon District Court E-Distribution Procedure case, Defendant D is the same.
Reasons
1. Presumed factual basis
A. On September 28, 2012, F Co., Ltd. against Korea Trust Co., Ltd. (“F”) entered into a real estate security trust agreement with Korea Trust Co., Ltd. (hereinafter “Korea Trust Co., Ltd.”) on each land (hereinafter “Korea Trust”), both I and J (hereinafter “instant land”). Under the trust agreement, Korea Trust has a beneficiary claim (hereinafter “instant trust beneficiary claim”) to be paid at the time of termination of the said trust agreement.
B. On November 12, 2014, Plaintiff A received a provisional seizure and collection order as to KRW 539,204,109 out of the trust benefit claim of this case under the Changwon District Court 2014TTT No. 2011801, based on the executory exemplification of the final and conclusive judgment in Changwon District Court 2014Kahap1546, and issued a provisional seizure and collection order as to KRW 539,204,109 among the trust benefit claim of this case. On January 23, 2015, Plaintiff A received a provisional seizure order with Changwon District Court 2015Kadan1024 as to the trust benefit claim of this case.
B) After that, in the instant distribution procedure, Plaintiff B demanded the instant distribution as a successor to the claim against provisional seizure of claim No. 2015Kadan10024, the said Changwon District Court 2015Kadan10024. (2) The Defendant Pharmaceutical Industry, including the provisional seizure of the claim against Defendant D Pharmaceutical Industry, as the preserved claim against F on May 4, 2015, was decided on the provisional seizure of the claim amounting to KRW 891,00,000 as to the instant trust benefit claim under the Changwon District Court 2015Kadan1039, Changwon District Court 200.
After that, the Defendant Daehan Industry applied for a payment order against F to the Changwon District Court, Kimhae-si Court, 2015Hu1336, Jul. 13, 2015, “F shall pay to Defendant Ddong Industry the amount of KRW 891,00,000 and the amount at the rate of 20% per annum from July 16, 2015 to the day of full payment.”