배당이의
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On May 18, 2011, the Defendant received a decision on provisional seizure of real estate with the claim amounting to KRW 707,29,000 from the Youngcheon District Court, Youngcheon District Court Branching 201Kahap33, which was owned by D, as to the real estate stated in Paragraph 2 of the Attached List No. 2, which was owned by D, and the said provisional seizure registration was completed on May 19, 201.
In addition, on May 29, 2012, the Defendant received the decision of provisional seizure of real estate with the claim amounting to KRW 700 million from the Incheon District Court 2012Kahap741 as to the real estate stated in paragraph (1) of the attached list, which was owned by D, and the registration of provisional seizure was completed on May 31, 2012.
(hereinafter the above provisional seizure is referred to as the "provisional seizure of this case"). (b)
On September 24, 2012, the Plaintiff received a decision of provisional seizure of real estate with the original district court 2012Kadan1568, the claim amounting to KRW 42 million with respect to the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) on September 24, 2012, and the registration of provisional seizure was completed on September 25, 2012.
C. The Defendant filed a lawsuit against D, asserting that he/she acquired the claim for the payment of D with respect to D with respect to D, Gangwon-gun E and six parcels of ground pen construction (hereinafter “instant settlement”), and that “the Defendant shall pay 600,000,000 won to the reconciliation Intervenor F at the time of withdrawal of all of the applications for provisional attachment based on the above claim for the payment of construction price until May 31, 2013, and simultaneously (in cases of provisional attachment that has not been withdrawn, the payment of the debt shall be reserved only for the amount of the provisional attachment claim)” was established on July 20, 2012 (hereinafter “the settlement in this case”).
As to each real estate of this case, the procedure for compulsory auction (hereinafter “instant auction procedure”) was commenced by G as the Youngcheon District Court’s Young Branch Branch C, G, a creditor, and the registration of commencement of auction procedure was completed on December 13, 2012.