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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. D around September 2007, a notary public prepared a promissory note No. 192, No. 192, 2007, and a promissory note No. 254, 2007, and a promissory note No. 120,000,000 on the part of the Plaintiff, and “No. 120,000,000” are each notarial deed of each of the instant promissory notes.
The plaintiff filed a payment order against D with the Seoul Western District Court 2007Da11904 and the payment order was issued and finalized.
hereinafter referred to as "the payment order of this case"
B. On the basis of the above No. 192’s notarial deed, the Plaintiff is the Seoul Western District Court 2007TTT 6331, and on the basis of the notarial deed No. 254, the Plaintiff is the Seoul Western District Court 2007TT 8958, the Seoul Western District Court 2007TT 2007TT 8958, which is the procedure for compulsory auction.
An application for seizure and assignment order of dividend claim was made on September 19, 2007 and December 11, 2007.
In 207, "the attachment and assignment order of this case" and "the attachment and assignment order of this case 1, 2007 other 8958" are "the attachment and assignment order of this case 2."
C. On July 6, 2009, the Defendants asserted that D made the notarial deed of promissory notes to the Plaintiff and received the order for the seizure and assignment of each of the instant claims based thereon constituted a fraudulent act, and filed an application against the Plaintiff for provisional disposition of prohibition of disposal of claims on July 27, 2009 with the Seoul Central District Court 2009Kahap2548 on the ground that the claim for the assignment of claims and the notice of assignment due to the revocation of a fraudulent act were the preserved right, and received a provisional disposition of prohibition of disposal of each of the instant claims subject to the seizure and assignment order.
hereinafter referred to as "provisional disposition of this case"
D. During the compulsory auction procedure of this case, KRW 713,326,832 and KRW 1,39,049 were distributed to D on December 9, 2009, but hereinafter referred to as "the dividend of this case").
The dividend court shall each of the above reasons for the provisional disposition of this case.