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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. D has completed the registration of ownership transfer as to the real estate listed in the separate sheet (hereinafter “instant real estate”) by the Seoul Central District Court’s registration office No. 259525, Nov. 9, 2012.
B. On June 3, 2015, the Defendant completed the provisional registration of transfer of ownership (hereinafter “provisional registration of this case”) with respect to the instant real estate as the date of receipt No. 155377 of the said registry office, which was based on the promise to return the substitute on June 2, 2015.
C. Meanwhile, the Plaintiff filed a lawsuit against the above D with Seoul Southern District Court 2012Ga1734 (Main Office), 2012 Gohap1393 (Counterclaim) and won. Accordingly, the Plaintiff appealed with Seoul High Court 2013Na39454 (Main Office), 2013Na39461 (Counterclaim), and the above High Court 23,118,380 won and 35 million won among them were to be repaid at the rate of 2.15% from the following day of August 15, 2010 until 2014, the Defendant (Counterclaim Plaintiff) calculated the remainder of the amount of 2.3% from 10% per annum to 2.38% per annum, and the amount of 2,000,000 won was to be repaid at the rate of 2.15% per annum 2,014 to 201.38% per annum 14,2014.
On August 25, 2015, the Plaintiff (Seoul Central District Court C) obtained a decision to commence compulsory sale of real estate on the instant real estate based on the instant judgment deposit claim, and started the auction procedure.
E. On October 18, 2016, the auction court prepared a distribution schedule to distribute the amount of KRW 140,466,97 (the dividend rate of KRW 85.91%, the amount of credit 163,50,000) to the Defendant, who is a person having a provisional registration, on the date of distribution, on the date of distribution. The Plaintiff, who is the applicant creditor, raised an objection against the total amount of the dividends of the Defendant, and on October 20, 2016, which is within one week thereafter.