배당이의 등
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On August 3, 2007, the Plaintiff entered into a lease agreement with D on September 30, 2007, with a deposit of approximately KRW 150,000,000 for the first floor and approximately KRW 40,00 for the rent month, and for the lease period of KRW 1,50,000 for the first floor of Class 1 neighborhood living facilities of Class 2 of the second floor of the Il-dong-gu Incheon Metropolitan City E-based general steel structure, lightweight steel structure, and other roof (hereinafter “Lease building of this case”).
B. On August 18, 2011, the Plaintiff sent to D a certificate of content purporting to seek the return of the deposit, even if the said lease term was renewed until September 30, 2011, but has expired on September 30, 2011.
C. As to the real estate listed in the separate sheet owned by D (hereinafter “the forest of this case”) in the above lease agreement, the Plaintiff provisionally seized the amount of KRW 100,000,000 as claimed on August 31, 201, but cancelled the provisional attachment on August 26, 2013. On December 19, 2013, the Plaintiff provisionally seized the forest of this case at KRW 150,000,000 as claimed amount.
On the other hand, on April 27, 2012, the Defendant provisionally attached the claim amounting to KRW 360,000,000 with respect to the forest of this case (the Defendant is the same day and the 1,399 square meters (hereinafter “instant site”) in Yongsan-gu, Yongsan-gu, Busan-si.
) On July 4, 2012, the provisional attachment was made against the instant building on the ground and the claim amounting to KRW 360,000,000,000), and thereafter, upon filing a lawsuit seeking the return of the purchase and sale contract deposit and the intermediate payment against D with the High Government District Court Decision on July 4, 2012, which was subsequently rendered a judgment in favor of a non-litigation that “D would pay to the Defendant KRW 360,000,000 and damages for delay.”
E. On September 24, 2013, D concluded a mortgage agreement with the Defendant regarding the forest of this case with the maximum debt amount of 400,000,000,000, the debtor D and the mortgagee as the defendant (hereinafter “mortgage agreement of this case”), and completed the registration of the establishment of a mortgage to the Defendant on October 7, 2013, and the Defendant was above.