배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts may be found in the absence of a dispute between the parties, or may be found in full view of each entry and the whole purport of the arguments in Gap's evidence (including the serial number) and Gap's evidence:
The Plaintiff filed an application for compulsory auction of real estate at this court B with respect to F apartment No. 301, 1404, 1404 (hereinafter “instant real estate”) for the final and conclusive judgment ordering the payment of “the royalty 71,270,960 won and the delay damages thereof” against E (Seoul District Court Decision 2015DaDa41294). On November 11, 2015, the decision to commence compulsory auction was made on November 2015, and the instant auction procedure was conducted, and the final date for demand for distribution was determined and publicly announced on March 21, 2016.
B. For the purpose of preserving a claim for settlement agreement amounting to KRW 207,219,382 (hereinafter “claim for settlement agreement of this case”), as stated in the separate settlement agreement (hereinafter “the settlement agreement of this case”), for the purpose of preserving the claim for settlement agreement amounting to KRW 183,532,490 (hereinafter “the claim for settlement agreement of this case”), the Suwon District Court rendered an application for provisional attachment on March 11, 2016 by the Suwon District Court under the title of 2016Kadan3777, the provisional attachment was executed at the time of provisional attachment on the instant real estate by filing an application for provisional attachment on March 11, 2016.
C. On March 15, 2016, the Defendant filed an order with Suwon District Court Decision 2016Ra164 (hereinafter “Seoul District Court”) seeking payment of claims on the instant settlement agreement amount and the delayed payment damages, and issued a payment order on March 16, 2016. The payment order was issued on March 16, 2016. Since E did not raise any objection, it became final and conclusive on April 5, 2016.
In the auction procedure of this case, this court shall order the plaintiff, who is the applicant creditor on the date of distribution on March 23, 2017, and the defendant who is the person holding the provisional seizure.