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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff made a provisional attachment on the second parcel located in the territory of the original city owned by D as to the facts of recognition as to the dividend payment.
(Seoul Western District Court Order 2012Kahap999 dated August 14, 2012, the amount of the provisional seizure against immovables: 140,870,000). D on March 8, 2013, deposited the amount of the above claim as deposit money (Scheon District Court original District Court Decision 2013Hun-213) and the execution of provisional seizure against immovables was revoked.
(Seoul Western District Court Order 2013KaKao434 dated March 12, 2013). The plaintiff filed a lawsuit against D as a lawsuit on the merits against D to claim the agreed amount (Seoul Western District Court Decision 2013Dahap30905) and received a favorable judgment on June 21, 2013, and thereafter, seized and collected D's right to claim the recovery of the above amount of deposit for the Korea as a provisional execution based on the judgment in favor of the court of first instance.
(Seoul Western District Court 2013. 8. 27. 2013. 8. 2013. 8. 2013. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1
(Seoul Western District Court 2013Kahap577 dated May 10, 2013, the provisional seizure order of claims and the amount claimed: 150,000,000 won) thereafter, the Seoul Western District Court C’s distribution procedure of the above amount of deposit was commenced on September 3, 2013.
(1) The Plaintiff and the Defendant distributed the amount of KRW 141,541,060 (i.e., deposit KRW 140,870,870,310 - enforcement cost KRW 16,250) to be actually distributed on November 7, 2013, which is the date of distribution of the distribution case (i.e., distribution procedure case; KRW 68,549,142; KRW 72,91,91,918) in proportion to the amount of each claim (i.e., KRW 140,870,00) to the Plaintiff and the Defendant in proportion to the amount of each claim (i.e., KRW 16,250).
The plaintiff appeared on the date of the above distribution and raised an objection to the total amount of the defendant's dividends, and on November 12, 2013, which is within one week thereafter.