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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. On October 10, 2018, the Plaintiff filed a lawsuit claiming the agreed amount with Suwon District Court 2018Kadan524258 against E, and on October 10, 2018, the judgment became final and conclusive that “E shall pay to the Plaintiff KRW 161,00,000,000, and damages for delay.”
(hereinafter “instant judgment”). B.
The plaintiff filed a request for seizure and auction of corporeal movables in the FF golf practice range, which is a place of business under the name of E, with the title of execution, and filed a request for the seizure and collection order of the lease deposit claims against E-social welfare foundation G.
The amount to be distributed actually by the Plaintiff’s dividends C 110,294,079 won 42,189,810 won (Order 2) 18,375,779 won (Order 19,691 won (Order 2), D 8,18,854 won (Order 2), 6,691, 565 won (Order 1, 497,289 won (Order 2), 1,497,289 won (Order 1, 1, 299)
C. E deposited KRW 110,90,000 as the Suwon District Court No. 4650 in 2019, respectively, with the Suwon District Court No. 5532 in 2019, on the grounds of competition of seizure, etc. in the above compulsory execution procedure, and as to this, the Suwon District Court C and D were distributed. The above court prepared a distribution schedule with the following contents on the date of open distribution on September 30, 2019 and presented it to interested parties.
On the date of the above distribution, the Plaintiff raised an objection to the total amount of the Defendant’s dividends among the instant distribution schedule, and filed the instant lawsuit on October 7, 2019.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, and 5, the purport of the whole pleadings
2. The plaintiff's assertion is living together with E, and the defendant was in charge of accounting affairs in the H driving range and the above two are in the economic community relationship.
Wage claims and loans claims against the defendant for E, which are claimed by the defendant, are in collusion between the defendant and E, and have entered them falsely. The defendant's claims for family affairs exist.
(b) if any;