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(영문) 서울동부지방법원 2019.04.23 2017가단12869
배당이의
Text

1. The distribution schedule prepared by the same court on June 20, 2017 with respect to the distribution procedure case in Seoul Eastern District Court C.

Reasons

1. Basic facts

A. The Plaintiffs’ total amount claim 1) The Plaintiffs’ G reconstruction housing association on August 13, 2009 (hereinafter “association”) are limited to the Plaintiff’s total amount claim 1).

A) On receipt of promissory notes with a face value of KRW 2.95 million from the issuer, the said notarial deed was also prepared (No. 2344, 209, hereinafter “instant notarial deed”).

(2) Based on the instant notarial deed, the Plaintiffs received an order for the attachment and assignment of each claim on November 30, 2009 and December 7, 2010 with respect to the union members’ claim for contributions to the FF, etc. on the basis of the instant notarial deed (U.S. District Court Decision 2009Da11515, 2010 Tai 16856), and filed a lawsuit against F, etc. on November 7, 2013, and received a judgment on November 7, 2013 that “F shall pay each of the Plaintiffs KRW 49,557,300 and delay damages therefor,” and the said judgment became final and conclusive on November 28, 2013.

(Seoul High Court 2012Na70458). (b)

1) Procedure for compulsory auction on F-owned real estate 1) Procedure for compulsory auction on F-owned real estate (26.96/43.78 shares in K of building J No. 5, Nam-si, Seoul, and 5) commenced at the request of the plaintiffs (U.S. District Court Sungnam Branch L; hereinafter “instant auction”).

2) On January 29, 2014, NN, a mother of F, prepared a false lease agreement with a lessor F, lessee, M, and lease deposit amount of KRW 100 million, and attached it reported the right as a lessee with opposing power in M’s name. Accordingly, the auction court of this case opened a date of distribution on January 16, 2014, and prepared a distribution schedule with a content that distributes each claim amount of KRW 10,295,630 to M to the Plaintiffs, who are the applicant creditors based on the judgment on the determination of the total amount of the above payment, and distributed each claim amount of KRW 65,99,210 to M. (2) around January 29, 2014, the Plaintiffs claimed the provisional seizure of the above dividends amount of KRW 21,99,210 (65,97,630, 630 ±3).

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