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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3.Paragraph 1 of the text of the judgment of the court of first instance shall be subject.
Reasons
1. Basic facts
A. On April 9, 2007, the Plaintiff was subject to a provisional attachment (Seoul District Court 2007Kadan6392) on the claim amounting to KRW 22,483,300 in the amount of the claim against D's E-building F (hereinafter "the real estate of this case") based on the indemnity claim against C Co., Ltd and its representative director, and the provisional attachment registration was completed on April 10, 2007.
(hereinafter “instant provisional seizure”). (b)
Since then, the plaintiff filed a lawsuit against C Co., Ltd. and D for the claim for the amount of indemnity (C Co., Ltd. 2007da47380, Busan District Court), and on June 15, 2007, the decision was rendered on June 15, 2007 that "C Co., Ltd. and D shall jointly and severally pay to the plaintiff 22,483,300 won with 19% per annum from February 24, 2007 to April 17, 2007, and 20% per annum from the next day to the date of full payment," and the above decision became final and conclusive as is.
(hereinafter “final judgment of this case”). C.
On the other hand, on February 23, 2006, before the plaintiff completed the provisional seizure of this case, the defendant completed the establishment registration of a mortgage of KRW 80 million with respect to the real estate of this case from D on the same day.
(hereinafter “instant collateral security”). D.
On June 15, 2011, the instant real estate was sold in the Busan District Court HH Real Estate Auction case (hereinafter “instant auction procedure”), which was commenced upon the request of G Co., Ltd. (D’s creditor), and on June 15, 201, the Plaintiff submitted to the court of execution an application for a demand for distribution of KRW 43,096,820, total amount of principal and interest, etc. up to August 29, 201, the completion period for the demand for distribution of the instant provisional seizure and claims pursuant to the final and conclusive judgment, to the amount of claims, and thereafter, entered the principal and interest up to the date of distribution of claims on December 30, 201.
E. The executing court of the instant auction procedure shall distribute the amount of KRW 194,433,329 to be actually distributed on January 27, 2012, which is the date of distribution.