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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. The Plaintiff filed an application for a payment order with the Seoul Central District Court 2015 tea54534 by asserting that the Plaintiff acquired the claim for the loan that A had borne against the Bank of Korea against the bankrupt debtor A, and filed for a payment order with the Seoul Central District Court. On December 3, 2015, the Plaintiff received the payment order (hereinafter “instant payment order”) from the debtor on December 3, 2015, “The debtor shall pay to the creditor the amount calculated at the rate of 17% per annum for KRW 157,072,877 and its 120,000,000 from November 3, 2015 to the date of full payment, on condition that the payment order was made within the limit of KRW 240,00,00,” and the instant payment order was finalized on December 25, 2015.
B. In order to preserve the above claim prior to the transfer of the above claim against A to the Plaintiff, the Bank of Korea applied for provisional attachment of KRW 152,445,204 of the claimed amount as Seoul Central District Court No. 2012Kadan59565 with respect to D Apartment No. 34, 1101, 1101 (hereinafter “the instant real property”), which was owned by the Plaintiff, for the provisional attachment on December 28, 2012, and completed the provisional attachment registration on the same day after receiving the decision of provisional attachment.
C. After that, on January 5, 2015, the Korea Technology Credit Guarantee Fund, a creditor of provisional seizure on the instant real estate, filed an application for a compulsory auction on the instant real estate with Seoul Central District Court E to grant a compulsory auction on January 5, 2015, and KRW 62,637,409, which was the date of distribution of the auction procedure (hereinafter “instant auction”) commenced on the instant real estate, was distributed to the Plaintiff, who is the transferee of the claim of the Bank of Korea, a stock company holding the provisional attachment on October 28, 2015.
(hereinafter referred to as “instant deposit”) d.
On the other hand, A filed a petition for bankruptcy with the Seoul Central District Court 2015Hadan10668, and this court appointed the defendant as the trustee in bankruptcy on April 21, 2016 when A declared bankrupt.
E. Since May 9, 2016, the Defendant amounted to KRW 62,637,409.