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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’s claim and provisional attachment 1) The Plaintiff Company A (hereinafter “A”) is limited to “A”.
() On January 8, 2015, the Busan District Court filed a lawsuit against B, C, D, and E, including the amount of reimbursement, etc., and sentenced on January 8, 2015, “Defendant A, and B jointly and severally, to the Plaintiff KRW 70,680,00,00 and the amount calculated by the rate of KRW 6% per annum from March 12, 2014 to April 10, 2014; KRW 9% per annum from the next day to June 9, 2014; and KRW 20% per annum from the next day to the date of full payment.” The part against A in the judgment of the first instance court became final and conclusive (hereinafter “1 judgment”).
2) 2) The Plaintiff is entitled to “the instant real estate” under the title of “F building 1106 et al., the window of Changwon-si owned by A for the purpose of preserving the claim.
on January 8, 2014, the provisional seizure of real estate was requested, and the provisional seizure was decided on January 8, 2014 (the Changwon District Court Decision 2013Kadan4580, the claimed amount of KRW 127,50,000, the same year.
3. 21. A decision of provisional seizure was issued (Capwon District Court 2014Kadan693, 77,748,000).
B. Defendant’s claim 1) The Defendant filed a suit of claim for reimbursement and a lawsuit of demurrer against distribution against Defendant A and two other parties in Changwon District Court Decision 2014Da75762, 2014Kadan83541 (combined), and was rendered a favorable judgment on the part on cancellation of the contract to establish a right to collateral security and the part on the claim for rectification of the amount of distribution with Defendant C. The above judgment of the first instance court became final and conclusive as it becomes final and conclusive through the appellate court’s procedure (the Changwon District Court Decision 2015Na31319, 2015Na31326 (combined), hereinafter “the judgment”).
[2] On March 3, 2014, the Defendant applied for provisional seizure of real estate regarding the instant real estate for the preservation of the said claim, and received a decision of provisional seizure (Seoul District Court 2014Kadan30127, and KRW 256,00,000) on March 3, 2014.
C. Voluntary auction and distribution A of the instant real estate are carried out in the Changwon District Court G with respect to the instant real estate.