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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. At the time of October 18, 2003, Defendant C received a provisional attachment order of No. 302 of G3 (hereinafter “instant real estate”) from the government branch of the Seoul District Court as to the instant real estate under the Seoul District Court’s order of provisional attachment No. 2003Kadan50916, which was owned by F Co., Ltd. (hereinafter “F”) as of October 18, 2003. According to the above provisional attachment order, the registration of provisional attachment was completed on October 22, 2003 with respect to the instant real estate as the claim No. 103639 on October 22, 2003.
B. On October 20, 2003, Defendant D received a provisional attachment order by the Seoul District Court 2003Kadan205680 with respect to the instant real estate on October 20, 2003. According to the above provisional attachment order, the registration of provisional attachment was completed on October 23, 2003, the claim amounting to KRW 73,868,109, and the creditor D’s provisional attachment registration was completed on October 23, 2003.
C. On April 20, 2006, Defendant D filed a lawsuit with the Seoul Central District Court 2006Da159486 on the basis of the agreed amount claim against F. The above court rendered a judgment on July 6, 2006 that “F shall pay to Defendant D 58,600,000 won with 55% per annum from July 17, 2002 to May 17, 2006, and 20% per annum from the next day to the date of full payment,” and the above judgment was finalized on August 5, 2006.
At that time, with respect to No. 201, No. 701, and No. 801 of the 2nd, Namyang-si, the F owned at that time, the auction procedure was in progress due to H, I (Dual), J, K, and K (Joint) (hereinafter “the above auction procedure”), and Defendant D transferred F’s claim against L around April 17, 2007.
L was granted the succeeding execution clause on February 17, 2009, and on April 23, 2009, as Defendant D’s successor, applied for the delivery of dividends to the above auction court. On March 30, 2009, the date of distribution of the separate auction procedure, Defendant C, on March 30, 2009, filed a separate auction procedure, 48,329,008 out of the total amount of claims reported, and L, 103,842,410 out of the total amount of claims reported, 16,850.