채무부존재확인
1. The plaintiff's main claim is dismissed.
2. As to the real estate listed in the separate sheet between the Defendant and B, October 2013.
Facts of recognition
On September 10, 2012, the Plaintiff provisionally attached the real estate listed in the separate sheet owned by B (hereinafter “instant real estate”) based on the goods-price claim amounting to KRW 48,138,900, which was held against B.
On September 17, 2012, Ansan Tax Office seized the instant real estate on September 17, 2012 due to the default of value-added tax in B, and on October 2, 2013, requested the Korea Asset Management Corporation's Gyeonggi Local Headquarters to sell the instant real estate.
From February 28, 2013, the Plaintiff collected KRW 7,00,000, out of the price of the above goods from B, and then filed an application with B for payment of KRW 41,138,900 and damages for delay calculated at the rate of 20% per annum from the day after the original copy of the payment order was served to the day of full payment. The payment order issued on July 19, 2013 was served to B.
The Defendant leased the instant real estate from October 28, 2013 to B by setting the lease period of KRW 25,00,000, and the lease period of KRW 25,000 from November 25, 2013.
(B) At the time of this case’s lease agreement, the real estate of this case was owned by B with due diligence and was established as a collateral security of KRW 226,80,000 with the maximum debt amount of the Korea Housing Finance Corporation (hereinafter “instant lease agreement”). Provisional attachment of KRW 14,700,484 with the claim amount of the new card company, KRW 6,678,055 with the claim amount of the Korea Housing Finance Corporation, provisional attachment of KRW 6,678,055 with the claim amount of the Korea Housing Exchange Bank, and the seizure of the National Health Insurance Corporation was registered. At around that time, the sale price of the real estate of this case was KRW 284,00,000 with the total debt
The Korea Asset Management Corporation sold the instant real estate to D on March 3, 2014, and distributed a total of KRW 20,873,080 including KRW 20,00,000,00 in the Housing Lease Protection Act, and prepared a distribution statement on April 29, 2014 to the Plaintiff who is a provisional attachment creditor.
[Ground of recognition] The fact that there is no dispute, Gap 2-8, 11-14, and the purport and purport of the whole pleadings.