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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 August 24, 2017, with respect to the compulsory auction of real estate (hereinafter “instant auction”) on the real estate recorded in the attached list (hereinafter “auction real estate”) implemented by Suwon District Court Ansan Branch E [F, G, H, I, and J], the said court prepared a distribution schedule with the content that the Defendants, the person having the right of provisional attachment or the person having the right to collateral security, who was the person having the right to collateral security, pay dividends as follows:
The dividend dividend amount of the Defendant 1 A 23,720,726 2 2,20,1320,137,357 267,655,211 31 318,485,890 4, 2303,003, 867 231,171,681 223,218,67 B28,67 B28,8508,9259 252,03,03,003, 23,003, 867 2228,143,8508 C 214,07,9259,203,083,083
B. On the date of the above distribution, the Plaintiff, the debtor who is the owner of the 1/2 share of the auction real estate, filed the instant lawsuit of demurrer against the distribution amount of KRW 4,051,93 out of the dividend amount of Defendant B, KRW 67,655,211 out of the dividend amount of Defendant B, KRW 318,485,89,170 out of the dividend amount of Defendant Crhys Co., Ltd, KRW 30,489,170 out of the dividend amount of Defendant Crhys, KRW 47,175,548 out of the dividend amount of Defendant Crhys, and KRW 23,218,676 out of the dividend amount of Defendant C, KRW 28,143,850 of the dividend amount, KRW 14,071,925 of the dividend amount of Defendant C, and KRW 52,083 out of the dividend amount of Defendant D D’s dividends.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, the purport of the whole pleadings
2. Determination as to the legitimacy of the part of the instant lawsuit against Defendant A, Two Ri Construction Co., Ltd., Japan Plus Co., Ltd., Clepis Co., Ltd., Sinnam Terminal, Sejong Construction Co., Ltd., Ltd., Type B, and C (ex officio determination)
A. In a case where a debtor who raised an objection against a creditor who has an executory exemplification of executive titles with relevant legal principles files a lawsuit of demurrer against a distribution, not a lawsuit of demurrer against a claim, the Civil Execution Act is deemed