배당이의
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. On March 4, 2008, the Defendant filed an application for provisional attachment with respect to real estate, such as 14,513m2 (hereinafter “instant land”) owned by the Plaintiff, in the form of claim claim amounting to KRW 5,273,256, and KRW 14,513m2 (hereinafter “instant land”). The Busan District Court decided to accept the above application on March 5, 2008, and accordingly, the provisional attachment registration was completed with respect to the instant land.
B. On March 18, 2011, the Defendant filed a lawsuit against the Plaintiff for the claim for reimbursement of the amount of reimbursement (the Busan District Court 201Gadan5239) and filed a counterclaim against the Defendant (the Busan District Court 2011Gadan6768) and pending the lawsuit by the Plaintiff against the Defendant, the Busan District Court rendered the judgment of the first instance that accepted the Defendant’s claim for reimbursement of the amount of reimbursement and dismissed the Plaintiff’s counterclaim (hereinafter “the judgment of the court of first instance”).
Accordingly, the Plaintiff’s appeal [Supplementary Claim 201Na7397, 201Na7403 (Counterclaim)] was dismissed on October 7, 2011, but the Plaintiff’s appeal was also dismissed on February 28, 2012, and the judgment of indemnity became final and conclusive.
C. Around January 201, the Defendant filed a lawsuit claiming the amount of KRW 12,824,734 against the Plaintiff (the Busan District Court’s Dong Branch Branch 2011Gais5963). The said site was the first instance judgment that accepted the Defendant’s claim on June 29, 201 (hereinafter “the judgment of the court of first instance”) after the Defendant continued the said case by means of service by public notice.
On May 12, 2016, the Defendant filed an application for a compulsory auction on the instant land with the title of execution with a ruling of acquisition proceeds (Seoul District Court Young-gu District Court Young-gu Branch B), and the above Young-deok Branch rendered a decision to commence compulsory auction on May 19, 2016 on the instant land.
(hereinafter “instant auction procedure”). E., the auction procedure commenced.
The plaintiff on October 2016.