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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 Defendants’ claim 1) The G reconstruction Housing Association on August 13, 2009 (hereinafter “Association”) is limited to the Defendants’ claim for the full payment against F.
A) On receipt of promissory notes with a face value of KRW 2.95 million from the issuer, the said notarial deed was also prepared (No. 2344, 209, hereinafter “instant notarial deed”).
(2) On November 30, 2009 and December 7, 2010, the Defendants received an order for the attachment and assignment of each of the claims against the union members’ contribution claims against unionF, etc. on the basis of the instant notarial deed (U.S. District Court Sungnam Branch 2009, 11515, 2010, 16856), and issued a judgment on November 7, 2013 that “F shall pay each of the Defendants 49,557,300 won and delay damages therefor,” and the said judgment was finalized on November 28, 2013.
(Seoul High Court 2012Na70458). (b)
1) Procedure for compulsory auction on F-owned real estate 1) Procedure for compulsory auction on F-owned real estate (26.96/43.78 shares in K of building J No. 5) commenced upon the request of the Defendants (U.S. District Court Sungnam Branch L; hereinafter “instant auction”).
2) The Defendants, on January 29, 2014, prepared a false lease agreement with a lessorF, lessee, M, and lease deposit amount of KRW 100 million, and attached it reported the right of lessee with opposing power in M’s name, and made a demand for distribution. Accordingly, the instant auction court opened a date of distribution on January 16, 2014, and prepared a distribution schedule with the content that each of the Defendants, the applicant creditors based on the said ruling, distributed KRW 10,295,630 to M, and distributed KRW 65,997,630 to M, and KRW 21,99,210 each of the claims amount of KRW 21,99,210 (i.e., the above dividends amount of KRW 65,997,630 ±630 ±3). The Defendants claimed for the provisional seizure of M’s dividends (Seoul District Court Decision 2014, Mar. 4, 2016).