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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Facts of recognition;
A. Based on the final judgment of Seoul Northern District Court 2009Gadan21741 decided on Nonparty E (the Defendant and the siblings), the Plaintiff owned the gold claim amounting to KRW 91,264,200 in total, including the principal amount of KRW 28 million, interest KRW 63,264,200, and KRW 91,264,200.
B. On October 15, 2019, Nonparty F Asset Management Company filed an application for voluntary auction of real estate C with the Daejeon District Court for the above real estate, which was the first priority mortgage on the real estate listed in the attached list 2, 3, 4, and 4 (the owner of the above 2, 3, and 4 real estate is the Defendant’s mother G, and the building listed in paragraph 4 is the E’s mother G, and E’s small rental).
(c)
As such, the list of [Attachment] around November 25, 2019
4. As to the stated real property, the person liable for the right to collateral security was registered for the creation of the right to collateral security amounting to KRW 40 million with respect to the non-party E and collateral security creditor G and the maximum amount of claims.
(d)
During the process of the auction case, the plaintiff filed a request for auction to the above court D on the basis of the above judgment claim, and the above two auction cases were dealt with as duplicate cases and sold.
E. On November 18, 2020 after the sale of the above real estate, the above court held that KRW 60,331,605, out of KRW 156,042,481, which was to be actually distributed to the F Asset Management Company, 26,746,459, and KRW 11,722,651, which was the first priority order, died while the above auction procedure was in progress for the Defendant, which was the second priority order, and the heir agreed that the Defendant unilaterally inherited the above G’s property.
each distribution was made to the Defendant, who is the owner of the list 2 and 3, who is the owner of the list 57,241,766.
F. Accordingly, the Plaintiff raised an objection to the dividend table, and filed the instant lawsuit on November 23, 2020.
[Reasons for Recognition] Facts without a partial dispute, entry of Gap evidence Nos. 1 through 15, the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. On November 25, 2019, the Plaintiff’s assertion that the G above list was attached to the Plaintiff’s assertion
4. Nonparty E with respect to the recorded real property.