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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On October 1, 2010, the Plaintiff prepared a notarial deed between the Plaintiff and D Co., Ltd. that D Co., Ltd. (E Co., Ltd. changed from E Co., Ltd to D Co., Ltd. on December 12, 2011; hereinafter “D”) bears the obligation of KRW 50,000,000 to the Plaintiff (the repayment period, October 1, 201, interest rate: 12% per annum) between the Plaintiff and D Co., Ltd.
B. D’s dividend payment claim 1) G and H reconstruction association (hereinafter “instant association”)
On March 8, 2011, a notary public prepared a notarial deed on the debt repayment contract No. 269 of the 2011 International Joint Law Office that the instant association bears the obligation for construction cost of KRW 280 million to G. G. As the title of the said notarial deed, G filed an application for compulsory auction of real estate on the land outside Daegu-gu, Daegu-gu, 1722 square meters and four parcels owned by the instant association as the title of the said notarial deed, and the said court rendered a decision to commence compulsory auction on March 29, 201 (L, M, N, P, Q, R, S, T, V, X, X, Y, duplicate, hereinafter referred to as “instant auction procedure”).
(2) On May 23, 2011, AA prepared a notarial deed of debt repayment contract No. 550 of the 201-gu General Law Office No. 2010, 201 that the instant association bears the obligation of the reconstruction association of KRW 450,000 between the instant association and the instant association, and A filed an application for a report on the right and demand for distribution on June 1, 201 based on the said notarial deed in the instant auction procedure.
3. On May 26, 2011, D prepared a notarial deed of debt repayment contract No. 581 of the 201-gu General Law Office 201 with the purport that the instant union bears the debt of 464 million won to D between the instant union and the instant union. AA, a representative director D, prepared a notarial deed of debt payment contract No. 581 of the 201-gu General Law Office, and a demand for distribution on June 7, 2011 based on the said notarial deed.