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1. Of the instant lawsuit, the part of the lawsuit brought by the Defendant in excess of KRW 248,906,137 out of the Defendant’s dividend amount shall be dismissed.
2...
Reasons
1. Basic facts
A. The distribution schedule was prepared as follows: (a) in the case of Suwon District Court G Real Estate G G real estate G with Ansan District Court on 514.8m2 in Ansan-gu, Suwon-si; (b) on June 1, 2010, the amount of KRW 2,400,083,50, including proceeds from sale, was distributed to creditors; and (c) the surplus amount of KRW 543,628,584 was distributed to H at the time when the said real estate owner was the owner of each of the said real estate; (d) the provisional attachment of claims, provisional collection and provisional attachment of claims, and provisional attachment of claims regarding the right to claim the payment of the said dividends were concurrent; and (e) on July 7, 2010, the third debtor deposited the above surplus payment claim to the Suwon District Court on deposit with the said debtor on June 30, 2010.
On the other hand, the real estate mentioned in paragraph (1) was originally owned by D, and the ownership transfer registration was completed to H on January 8, 2009. D filed a lawsuit against Suwon District Court 2010Kahap5868 against H to seek the transfer of the above right to claim payment of surplus funds by asserting that H is null and void and that it is the owner of each of the above real estate. In the above case, "H has declared to D the intention of the transfer of the above right to claim payment of surplus funds, and has notified the Republic of Korea of the transfer of the above right to claim payment of surplus funds." D was notified of the transfer of the above right to claim payment of surplus funds by sending the final judgment above on October 30, 2012 to the Republic of Korea on October 3, 2012, D was under the distribution procedure of Suwon District Court 2010Mo2848, and D was under the order of D to the actual right to claim payment of the surplus funds deposited with the competent court 20350,505.85.10
D. above.