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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On October 20, 2010, the CD created a right to collateral security (hereinafter “right to collateral security”) with respect to land and above ground buildings in the Guro-si, Seoul Special Metropolitan City. The right to collateral security was registered in order with the J Co., Ltd. on July 10, 2018 (the grounds for registration: the right to collateral security was transferred as of April 28, 2018); ① the claimed amount pursuant to the Seoul Western District Court Order 2016Kadan53509 on December 14, 2016 (the right to collateral security was registered as of March 10, 2013; ② the registered amount of the right to collateral security was registered in the name of 17,57, 481; ② the registered amount of the right to collateral security was registered in the name of 36,37,481; and ② the registered amount of the right to collateral security was registered in the name of 201,37,481.7.27
B. 1) On December 11, 2013, 2013 based on the I’s right to collateral security, the Daegu District Court rendered a voluntary decision to commence the auction of the said real estate, and the CD deposited KRW 79,967,718 (2) around December 2018, 2018, the distribution procedure for the purport of the claim against the deposit was in progress. ① On October 16, 2018, the Defendant, based on the final payment order that became final and conclusive as of October 16, 2018, as the obligor I and the third obligor were the Republic of Korea, to whom the Daegu District Court rendered a decision to seize and order the above claim for payment of the deposit, and ② the Plaintiff received a provisional seizure order based on the debtor I, the third obligor, and the provisional seizure order that became final and conclusive as of January 7, 2019.
3 The claim amount of the defendant's order of seizure and collection is KRW 52,151,240.