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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 Cheong forest Construction Co., Ltd. (hereinafter “Cheong forest Construction”) received a payment order with the content that “the Defendant shall pay 56,000,000 won to the Plaintiff and the amount equivalent to 6% per annum from December 31, 2003 to the delivery date of the original copy of the payment order, and 20% per annum from the next day to the day of complete payment,” and the above payment order was finalized on June 5, 2004.
(B) A bond against B of Cheong forest Construction following the above payment order (hereinafter referred to as the "B/L of this case").
In 2007, the Plaintiff filed a lawsuit seeking payment of the purchase price against the Cheongju District Court Decision No. 2007Kadan4840, which became final and conclusive, and the said judgment became final and conclusive.
(C) The Plaintiff’s claim for the construction of Cheong forest in accordance with the above judgment is the sales price claim (hereinafter “instant claim”).
On May 22, 2013, the Cheongju District Court filed an application for a compulsory auction on the real estate owned by Cheongju District Court Dacheon Branch C with the claim for the Promissory Notes on May 22, 2013, and the said court rendered a decision of compulsory enforcement on May 28, 2013.
(hereinafter “instant auction procedure”). D.
However, while the auction procedure of this case was in progress, on October 7, 2013, the Plaintiff filed an application for a seizure and collection order of the instant monetary claim against Cheongju District Court Branch Order 2013TTTTTTB under 2013TTTTT1394, and the said court issued a seizure and collection order on October 8, 2013, and issued a seizure and collection order of the relevant monetary claim to B, which became final and conclusive around that time after the delivery to B, the garnishee on October 10, 2013.
E. On March 27, 2014, Cheong forest Construction is entirely a dividend claim to be paid from the Republic of Korea during the instant auction procedure (hereinafter “instant dividend claim”).