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1. The request for intervention by an independent party intervenor shall be rejected;
2. In the case of compulsory auction for real estate E by the Speaker District Court.
Reasons
1. Basic facts
A. On October 11, 2003, Defendant A received the decision of provisional seizure of the F third floor No. 302 (hereinafter “the instant real property”) from the District Court 2003Kadan13452 as to the instant real property on the Namyang-si, the Plaintiff owned on October 11, 2003, and according to the decision of provisional seizure, the registration of provisional seizure was completed on October 15, 2003 as the claim amounting to 43,000,000,000, and the claim amounting to 100599 as to the instant real property on October 15, 2003.
B. On October 18, 2003, Defendant B received the order of provisional seizure from the Ji Government District Court 2003Kadan50916 with respect to the instant real estate, and according to the above provisional seizure decision, the registration of provisional seizure was completed on October 22, 2003 with respect to the instant real estate as the claim No. 103639 on October 22, 2003, and the claim amounting to KRW 284,00,000,000, and the creditor B with respect to the instant real estate.
C. On October 20, 2003, Defendant C received a provisional attachment order as Seoul District Court 2003Kadan205680 with respect to the instant real estate on October 20, 2003. According to the above provisional attachment order, the registration of provisional attachment was completed with respect to the instant real estate as the claim amounting to KRW 73,868,109 and the claim amounting to KRW 104053 on October 23, 2003.
On April 20, 2006, Defendant C filed a lawsuit with the Seoul Central District Court 2006Kadan159486 on the basis of the claim against the Plaintiff. On July 6, 2006, the above court rendered a judgment that “the Plaintiff shall pay to the Defendant C the amount of KRW 58,60,000 and interest calculated at the rate of 5% per annum from July 17, 2002 to May 17, 2006, and 20% per annum from the next day to the date of full payment,” and the above judgment became final and conclusive on August 5, 2006.
E. On April 17, 2007, Defendant C transferred the above claims to the intervenors, and notified the Plaintiff of the assignment of claims on the same day.
F. At that time, the auction procedure is in progress with respect to No. 201, No. 701, and No. 801 of the F second floor in Namyang-si owned by the Plaintiff, G, H (Du), I, and J (Joint).