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(영문) 대구지방법원 2015.06.05 2014가단49071
배당이의
Text

1. The plaintiff's lawsuit of this case against the defendants is dismissed in entirety.

2. An independent party intervenor's defendants.

Reasons

1. Basic facts

A. The Korea Water Resources Corporation deposited KRW 48,933,010 as the principal deposit in Daegu District Court Decision 2014Hun5823, the Plaintiff as the principal deposit in terms of the relocation policy support fund related to the G Dam construction project (resident relocation cost), living safety support fund, director cost, and agricultural loss compensation fund.

B. Defendant B filed with the Plaintiff a claim for reimbursement of the reimbursement amount of KRW 23,182,036 and interest and delay damages on the said money with the Daegu District Court Decision 2003Da1939, and the said payment order became final and conclusive around that time. The above Defendant received a collection order for the said deposit by deeming the claim based on the above payment order as the claim claim under this Court No. 2010TT22841.

C. The Defendant National Agricultural Cooperative Federation filed an application with the Plaintiff for the payment order of KRW 54,240,377 of the loan principal as Daegu District Court Decision 2010 tea8186 and interest and delay damages on the said money. The above payment order was served on the Plaintiff on August 25, 2010 and became final and conclusive September 9, 2010. On September 30, 2010, the above Defendant received a collection order of seizure and collection as to the said deposit by deeming the claim as the claim bond based on the above payment order as the claim bond under this court’s 2010TT18731.

On October 27, 2014, the distribution procedure was conducted to H of the Daegu District Court on the deposit money deposited by the Korea Water Resources Corporation. On October 27, 2014, the distribution schedule was prepared with the content that Defendant B received the dividends of KRW 13,754,079 as the collection authority, and the Defendant National Agricultural Cooperative Federation (FFFFFFFFFFFFFFF) as the collection authority, and KRW 35,192,847 as the collection authority.

E. The Plaintiff appeared on the date of the above distribution is owned by the independent party intervenors, so in order to protect the rights of the independent party intervenors, 4/5 of the dividend amount against Defendant National Agricultural Cooperative Federation to protect the rights of the independent party intervenors.

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