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(영문) 부산지방법원 2016.05.04 2015가단79658
배당이의
Text

1. Defendant among the distribution schedule prepared on November 23, 2015 by the same court with respect to the Busan District Court D distribution procedures case.

Reasons

1. Basic facts

A. The Plaintiff is a creditor who holds a monetary claim of KRW 55,964,392 against the Construction of the Suwon integrated Co., Ltd. (hereinafter “Nonindicted Company”).

B. The Plaintiff received an order to seize the investment certificates listed in the separate sheet (hereinafter “instant investment certificates”) issued by the Nonparty Company against the Construction Mutual Aid Association as Busan District Court 2014TTTT12172. On March 11, 2015, the Plaintiff completed the delivery execution of the said investment certificates as Busan District Court 2015TT1347, and received an order to sell the attached investment certificates on June 17, 2015.

C. The Defendants also received a provisional attachment or seizure order as follows with respect to the instant investment certificates of the non-party company as creditors of the non-party company.

The defendant's provisional attachment or seizure decision-making East Power Co., Ltd., Busan District Court 201Kadan5025 Provisional attachment A, Busan District Court 2010Kadan6338 Provisional attachment B, the same court 2010 Taga19502 Provisional attachment C 201Kahap666

D. The Busan District Court enforcement officer is above B.

On August 1, 2015, the order to sell corporeal movables was issued on August 11, 2015, the instant investment certificate was sold in total amount of KRW 33,650,400, and the said sale price was paid, and the Busan District Court D D distribution procedure was conducted.

E. On November 23, 2015, on the date of distribution, the said court prepared a distribution schedule that distributes KRW 1,232,922 to Defendant Eastern Power, KRW 346,245 to Defendant A, KRW 6,562,883 to Defendant B, and KRW 18,493,818 to Defendant C, and KRW 3,83,316 to the Plaintiff.

F. On the date of the above distribution, the Plaintiff raised an objection to the entire amount distributed to the Defendants on the same date, and filed a lawsuit of demurrer against the distribution of this case on the same date.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 5 (including each number in case of a tentative number), the purport of the whole pleadings

2. Determination

A. Article 59(4) of the Framework Act on the Construction Industry with respect to the seizure of investment certificates of relevant legal principles is conducted according to the civil execution procedure or the procedure for disposition on default of national taxes.

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