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1. Revocation of the first instance judgment.
2. The instant action (including any extension and addition by this court) shall be dismissed.
3...
Reasons
Basic Facts
(1) From 2011, the Plaintiff supplied A Co., Ltd. (hereinafter “Nonindicted Company”) with Aluminium new and PVC head, and on December 26, 2016, the amount of goods not paid by Nonparty Company was KRW 72,667,390.
(2) From November 2015, the Defendant supplied a favorable product to the non-party company. On December 26, 2016, the Defendant concluded a collateral security contract with respect to each real estate listed in the separate sheet (hereinafter “the instant real estate”) as to each real estate (hereinafter “the instant real estate”) in order to secure the claim for the purchase price of goods with the non-party company, and completed the establishment of a collateral security contract with respect to the instant real estate on the same day.
(3) The decision to commence auction on September 21, 2017, which was the mortgagee of the instant real estate and the Gwangju Northern-gu Pample one kilometer (hereinafter referred to as “non-party real estate”) filed an application for voluntary auction commencement with respect to the instant real estate and non-party real estate.
(B) On October 18, 2017, the Plaintiff filed an application for provisional seizure of the instant real estate and the instant real estate on October 20, 2017 with respect to the non-party company’s claim for the purchase price of KRW 182,083,890 against the non-party company around October 18, 2017.
(5) The instant real estate and non-party real estate were sold to a third party at the above auction procedure (hereinafter “instant provisional seizure”). On April 23, 2019, the said court sold KRW 1,559,602,84 out of KRW 1,559,60,000,000, which was to be actually distributed other than auction expenses, to the third party on the date of distribution, (1), 336,000,000 among KRW 1,559,602,84, which was to be distributed on the date of distribution; (2), 293,975,226, which was the first collective security interest, to the Dispute Resolution Committee, the first collective security interest collective security interest collective security interest collective security interest collective security interest collective security interest collective security interest collective security interest collective security interest collective security interest collective security interest collective security interest collective security interest collective security interest collective security interest collective security interest collective security interest collective security interest collective security interest collective security interest collective security interests collective security interest agreement collective security interest agreement collective security interests collective security interest interest interests collective