배당이의
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Basic facts
A. On August 25, 2016, the Plaintiff, who had worked as a regular manager, provisionally seized D’s Busan Shipping Daegu E Apartment F, which was owned by D, to the Plaintiff, for tort, such as breach of trust, etc. (Seoul District Court 2016Kadan52721).
B. On November 21, 2016, the Plaintiff entered into an agreement with D to receive KRW 300 million from D by December 5, 2016 in return for withdrawing a criminal complaint against D, and on November 22, 2016, the Plaintiff entered into an agreement with D to receive KRW 300 million by December 5, 2016.
The provisional seizure of subsections was rescinded.
(c) D. D. B.
As a result, the Plaintiff did not perform the agreement described in the port, and the Plaintiff again did not perform the agreement on December 14, 2016.
The real estate mentioned in paragraph (d) also attached to the real estate listed in the separate sheet (hereinafter referred to as the “instant real estate”) which was owned by D. D, which was a provisional attachment (Seoul District Court 2016Kadan54155).
D, however, is above D.
On December 6, 2016, immediately before the provisional seizure indicated in the claim, the establishment registration of a neighboring mortgage (hereinafter referred to as the “mortgage”) with a maximum debt amount of 52 million won in the future of the Defendant regarding the instant real estate on December 6, 2016, and the said provisional seizure on December 14, 2016.
With respect to the real estate stated in the port, the establishment registration of the neighboring mortgage amount of 280 million won was completed in G in the future.
On August 4, 2017, the Plaintiff filed a lawsuit against G with the Busan District Court for the cancellation registration of the right to collateral security (hereinafter referred to as the “right to collateral security”). On March 14, 2018, the said court rendered a favorable judgment against G on the grounds that there is no evidence to prove that the right to collateral security (hereinafter referred to as the “right to collateral security”) exists, and the said judgment became final and conclusive around that time.
E. On the other hand, around September 20, 2016, the Plaintiff filed a lawsuit against D with Busan District Court 2016Da343486, which decided on March 16, 2017 that “D shall pay to the Plaintiff KRW 100 million until June 30, 2017, and KRW 79 million until December 31, 2017,” and the foregoing decision on April 4, 2017.