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(영문) 수원지방법원 2019.09.05 2018나79315
배당이의
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On August 11, 2016, D applied for the suspension of compulsory execution to the above court in the case of Suwon District Court’s Sung-nam Auction of Real Estate E, and deposited KRW 40 million as the principal deposit, upon receiving a decision of the suspension of compulsory execution that the said auction procedure is suspended on condition of cash deposit of KRW 40 million until the said court rendered a decision of cancellation of chonsegwon (Seoul District Court’s Sung-nam Branch Branch Office 2016Kahap95).

(U.S. 2813, No. 2016, No. 2813, hereinafter referred to as "the deposit of this case") b.

On March 27, 2017, the Plaintiff was issued a seizure and collection order (U.S. District Court Branch 2016Da218217, 2016Kadan228313 (Counterclaim) against the debtor D, with respect to the claim amounting to KRW 61,424,657 for the claim amounting to the Republic of Korea as to the claim amount of deposit collection against D’s Republic of Korea.

C. On October 13, 2011, the Defendant received 5,769,68,645 won [the claim amounting to 2,931,977,939,939, interest amounting to 2,837,190,706 won (the annual interest amounting to 20% from October 21, 201 to August 22, 2016)] of the claim attachment and collection order (the claim amounting to 20% interest amount) against D as to the claim for deposit collection against D on September 5, 2016.

After that, in the distribution procedure for the deposit (U.S. Branch C, Sungnam Branch C, and the instant distribution procedure), a distribution schedule of the amount of KRW 39,604,491 out of the amount to be actually distributed to the Defendant, and the amount of KRW 421,671, which is to be distributed to the Plaintiff, was formulated.

E. On October 27, 2017, the Plaintiff raised an objection against the total amount of the Defendant’s claim and the amount of distribution on the date of distribution, and filed a lawsuit of demurrer against distribution on November 1, 2017.

[Ground of recognition] without any dispute, Gap's 1 through 3, 7 through 9, and .

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