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(영문) 창원지방법원 2017.01.11 2016나55640
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 May 27, 2014, the non-party, the notice of the assignment of the assignment of the claim and the non-party, the notice of the assignment of the non-party, Co., Ltd. (hereinafter referred to as the “sub-party,”) transferred KRW 113,750,00 (hereinafter referred to as the “instant claim”) to the Defendant from among the solar power plant construction cost claims against the non-party, Co., Ltd., Ltd., Ltd., Ltd. (hereinafter referred to as the “Blud Development”), and then sent the content of the instant claim to the address at the time of Clud Development by content-certified mail, and the above notice reached the development of C

B. On November 11, 2015, the deposit of the Alley Development deposited the said money with the Changwon District Court Jinju Branch No. 1450 in 2015 on the ground that the seizure of creditors, including the Plaintiff, etc. of the Plaintiff, concurrently competes with respect to KRW 729,110,90 for the payment of the construction price for Sejong Electrical Co., Ltd.

C. 1) The distribution schedule was prepared in 729,217,245 on February 24, 2016, and the distribution court established the amount to be actually distributed as KRW 113,750,60,00, among which the amount to be distributed was determined as KRW 10,601,69, and KRW 10,624,111 (No. 2014, Changwon District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch

【Ground of recognition】 The fact that there is no dispute, Gap 1, 2, 3, Eul 4-1, 2-2, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1 of the Plaintiff is that the instant claim assignment is null and void, and the Defendant’s claim for acquisition of the instant claim is null and void, since the instant claim is transferred as repayment of the instant claim, even though the Defendant did not actually supply the water transformation team to the three-person titles, in collusion with the three-person titles of electricity, and as such, acquired the instant claim in collusion with the three-person titles of electricity.

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