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1. The plaintiff succeeding intervenor's appeal is dismissed.
2. The costs of appeal shall be borne by the intervenor succeeding to the plaintiff.
purport.
Reasons
Facts of recognition
On April 25, 2014, the Plaintiff completed the provisional attachment registration of KRW 200 million for the claim amount against Geumcheon-gu Seoul Metropolitan Government E Apartment 1209 (hereinafter “instant real estate”).
On October 22, 2014, the Plaintiff (Seoul Central District Court 2014Gahap35377) filed a lawsuit against D and F (hereinafter “F”), and G, and rendered a favorable judgment against the Plaintiff that “D and F, jointly and severally, shall pay to the Plaintiff KRW 200 million per annum from April 11, 2014 to October 22, 2014, and 20% per annum from the next day to the day of full payment.”
D’s appeal (this Court 2014Na54849) and final appeal (Supreme Court 2015Da42506) against the above judgment were all dismissed, and the above judgment was finalized on October 20, 2015.
(hereinafter “The final judgment of this case”). Meanwhile, on October 27, 2014, the Defendant obtained a provisional attachment order of KRW 358,60,000 from the Seoul Southern District Court 2014Kadan70769 as to the instant real estate and completed the registration thereof.
(2) The Plaintiff filed an application for a compulsory auction on the instant real estate owned D with the Seoul Central District Court C, with the executory exemplification of the instant final judgment, and on November 12, 2014, upon receipt of a decision to commence compulsory auction from the above court, the compulsory auction procedure for the said real estate (hereinafter “instant compulsory auction procedure”).
On September 9, 2015, a court of execution prepared a distribution schedule (hereinafter “instant distribution schedule”) to distribute to the Defendant, who is a person holding a provisional attachment right, both KRW 144,980,349, and the applicant for provisional attachment right and KRW 97,285,670 to the Plaintiff, a creditor holding a provisional attachment right, in the first order, as to the amount to be actually distributed after deducting the execution expenses, out of the proceeds of sale of the instant real estate, 249,01,748, which is the date of distribution.
The plaintiff appeared on the date of the above distribution and raised an objection against the total amount of dividends to the defendant.