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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On January 4, 2011, A completed the registration of the establishment of a neighboring mortgage of KRW 170,000,000 on the land located in Seojin-gu Seoul Special Metropolitan City (hereinafter “instant land”) prior to the Seoul Special Metropolitan City, which was owned by Nonparty B (the land category and size omitted; hereinafter “instant land”).
B. From July 2009 to December 2, 2017, the Plaintiff accepted the instant land as a site for D Project (hereinafter “instant project”), and did not reach an agreement on compensation for losses, the Plaintiff filed an application with the Provincial Land Expropriation Committee of Jeollabuk-do upon B’s request. The said Committee, on June 29, 2015, rendered a ruling of expropriation of KRW 368,678,00 (hereinafter “instant compensation”), and the date of expropriation as of August 24, 2015; on August 13, 2015, A received a claim attachment and collection order against B regarding KRW 170,00,000 among the instant claim for compensation against B, and the said ruling was served on the Plaintiff on August 17, 2015.
C. Meanwhile, the instant real estate was seized by many creditors including the Industrial Bank of Korea, the mortgagee prior to its expropriation, etc. as follows.
Industrial Bank of Korea 1 Industrial Bank of Korea (the highest amount of claims 1,140,000,000 collective security (the highest amount of claims 1,140,000,000 on April 29, 2009) 2 A 3 weeks prior to the date of seizure (the highest amount of claims 170,00,000,000 collective security (the highest amount of claims 170,000,000) of creditors on September 16, 2011, the full amount of 4 weeks prior to the seizure (the highest amount of claims 170,000,000) was 4 weeks prior to September 20, 2011, which was 234,932,000,000 attached on September 234, 2011, the seizure was no longer made on September 26, 2013.
D. Afterwards, upon acceptance of the instant real estate, the holders, including the Industrial Bank of Korea, seized and collected the instant compensation as follows.
Industrial Bank of Korea No. 1 Industrial Bank of Korea No. 110,506,000, Sept. 3, 2014; and 22,435,690, Jul. 6, 2015, 2012, Industrial Bank of Korea No. 1335, Sept. 6, 2015.