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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 1) on April 27, 2016, the Plaintiff leased D with the maturity of KRW 90 million on August 30, 2016 and 15% per annum. As D was unable to repay the loan by the maturity date, the Plaintiff filed an application for provisional attachment on the instant real estate owned by D as Seoul Eastern District Court 2017Kadan2284 and was issued a provisional attachment order on December 26, 2017, and its registration was completed. 2) On February 9, 2018, the Seoul East East District Court sentenced D to pay the Plaintiff KRW 90 million and its payment at the annual rate of KRW 15% per annum from December 13, 2017 to the date of full payment. The judgment became final and conclusive as is.
B. Defendant’s claim against D, etc. (1) as Seoul Central District Court 2015Kadan81850, the Defendant filed an application for provisional attachment with the amount of claim KRW 75 million in the instant real estate, and the provisional attachment order was issued on November 25, 2015, and the subsequent registration was completed. (2) The Defendant filed a lawsuit against D for the revocation of fraudulent act as Seoul Central District Court 2015Kadan5342681, and the said court sentenced D to the Defendant to pay KRW 75 million and delay damages therefor, and the said judgment became final and conclusive as is.
3) The Defendant filed an application for a compulsory auction on the instant real estate based on the claim under the foregoing judgment, and this court rendered a decision to commence compulsory auction on February 21, 2017. D’s disposal disposition and compulsory auction on the instant real estate (i.e., a compulsory auction on the instant real estate) was concluded on May 15, 2017 with regard to the instant real estate as a collateral (hereinafter “mortgage”) with regard to the obligor and the maximum amount of debt amount of KRW 90 million, and completed the registration thereof.
Accordingly, the defendant withdrawn the compulsory auction on June 22, 2017.
2 The Plaintiff filed an application for compulsory auction against the instant real estate, and this court rendered a decision to commence compulsory auction against the instant real estate E on April 17, 2018.