beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On February 21, 2017, with respect to each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) owned by D, the procedure for the auction of the real estate deposit C with the Suwon District Court, the creditor of the right to collateral security, and the procedure for the compulsory auction on May 8, 2017 by creditors E by a final and conclusive judgment.
(hereinafter “instant auction procedure”). B.
E filed a lawsuit for the claim of the purchase price of goods with the Suwon District Court Branch 2015da1218 against D and sentenced that “D shall pay E the amount calculated by the rate of 15% per annum from April 27, 2016 to the date of full payment. Around May 8, 2017 with the principal and interest claim under the above final and conclusive judgment and received a decision to commence compulsory sale of F&D around May 8, 2017.
The Plaintiff succeeded to the claim pursuant to the above final judgment from E.
C. On September 4, 2013, G received a registration of the right to claim transfer of ownership on each of the instant real estate from D, and the Defendant received a supplementary registration transferring the said provisional registration from G on September 5, 2014 (hereinafter referred to as “instant provisional registration”). On May 10, 2017, before May 25, 2017, prior to the date of demand for distribution of the instant provisional registration, G filed a report on the right and demand for distribution with interest claim at a rate of 24% per annum from September 2, 2014 to the full payment date.
On the date of distribution on March 7, 2018 of the instant auction procedure, the distribution schedule was prepared, such as distributing KRW 100 million to the Defendant, who was reported in the order of priority as a security interest holder for provisional registration, and distributing KRW 4,320 to the Plaintiff KRW 104,871,567, which was reported as principal and interest pursuant to the said final judgment, as the principal and interest pursuant to the said final judgment (hereinafter “instant distribution schedule”). The Plaintiff raised an objection to the total amount of the Defendant’s dividends by attending the said distribution date.