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The instant lawsuit is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. On December 6, 2016, the Plaintiff was granted a provisional attachment order of KRW 1,90,000 for each real estate listed in the attached Table 1 attached hereto (hereinafter “H”) owned by H Co., Ltd. (hereinafter “H”), and completed the above provisional attachment registration on the same day.
B. Voluntary commencement of auction and sale of real estate in Seoul Northern District Court decided to commence auction on March 9, 2017 with respect to the instant land and buildings upon the application of the Industrial Bank of Korea by Defendant Industrial Bank of Korea (hereinafter “instant auction procedure”). The instant land and buildings were sold on October 31, 2017 (hereinafter “instant auction procedure”).
The Seoul Northern District Court, on December 15, 2017, prepared the dividend table (hereinafter referred to as “the first dividend table”) after determining the actual amount of KRW 2,194,635,245 (hereinafter referred to as “the first dividend table”), which included KRW 2,201,70,062 in the sale price of the instant land and building and deducting KRW 7,313,817 in the execution cost, as well as KRW 2,194,635,245 in the sale price of the instant land and building at KRW 2,201,70,000,000 in the sale price of the instant land and building, as well as KRW 2,313,817 in the sale cost. Among them, the portion on the Plaintiff, the Defendants and the J (hereinafter referred to as “K”), L, M and N Co. (hereinafter referred to as “the above non-party corporation”) is omitted.
2) The Defendant Credit Guarantee Fund and the Industrial Bank of Korea, Defendant E, and the Industrial Bank of Korea having taken over each dividend claim from Defendant B, C, and D were present on the date of the first distribution, and the remaining Defendants except Defendant E have raised an objection against the total amount of dividends paid to each of the Defendants, K, J, L, M, N, and Defendant A. Defendant E has filed an objection against the total amount of dividends paid to K, J, L, M, and N, and thereafter filed an objection against the Seoul Northern District Court.