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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 Plaintiff’s claim against H filed a payment order with Nonparty H seeking payment of KRW 20 million and damages for delay calculated at the rate of KRW 20,000 per annum from January 30, 2014 to the date of full payment ( Daegu District Court 2014 tea2820), and the payment order accepting the claim on April 14, 2014, and the above payment order was finalized on May 1, 2014.
B. The Defendant’s establishment of the Defendant’s right to collateral security (hereinafter collectively referred to as the “instant real estate”), 1564 square meters prior to the J, 440 square meters prior to K, 1031 square meters prior to K, L, 919 square meters, and Qu Forest owned by an incorporated agricultural company (hereinafter “M”), 139636 square meters prior to the alteration, and Qu Forest owned by an incorporated agricultural company (hereinafter “O”) (hereinafter collectively referred to as “O”) as joint collateral, with respect to the registration of creation of a collateral security (hereinafter collectively referred to as the “instant real estate”), was completed on December 31, 2013 by the Daegu District Court, Daegu District Court No. 49367, 2013.
C. Commencement of auction and objection 1) On November 20, 2014, upon the Defendant’s application, the auction procedure was initiated to the Daegu District Court C with respect to the instant real estate on November 20, 2014, and the Plaintiff also applied for a compulsory auction on the instant real estate among the instant real estate, based on the original executory payment order with the executory payment order and applied for a compulsory auction on January 7, 2015, and the compulsory auction procedure was initiated as D with the Daegu District Court, Daegu District Court E, F, and G real estate auction procedure (hereinafter “instant auction procedure”).
(2) In the instant auction procedure, the Plaintiff submitted a claim statement with the total amount of KRW 31,918,208,000,000,000,000 on September 12, 2016, and the Defendant submitted the claim statement with the total amount of KRW 635,315,068 ( principal KRW 355,500,000,068).
3. On October 14, 2016, a date of distribution, the court of execution shall order 4,583,008,856 won to be actually distributed.