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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. The Plaintiff filed an application for a compulsory auction of corporeal movables with the Suwon District Court 2013No22498 by a notary public against D (hereinafter “D”) on the corporeal movables in the population E at the time of acceptance based on a notarial deed No. 684 of 2014, No. 684, Jan. 9, 2014. On January 9, 2014, the enforcement officer seized corporeal movables, such as business table table of “F” operated by D in the population E at the disposal population E (hereinafter “the instant corporeal movables”).
B. The Defendant filed a motion for the seizure of corporeal movables with the Suwon District Court 2014No. 2989 against D’s notary public on October 30, 2014, on the basis of the No. 12 of the No. 12 of the No. 2014, the No. 12 of the No. 2014, the No. 2010, the instant corporeal movables.
C. On April 27, 2015, the above court drafted a distribution schedule of KRW 24,968,758,758, excluding KRW 1,555,430, from the proceeds of sale (deposit) 26,512,30, interest 11,888, the remainder of KRW 24,968,758, excluding KRW 1,555,430, the costs of enforcement. According to the above distribution schedule, the court made a distribution schedule of KRW 2,474,450, and the Defendant distributed KRW 16,137,718 to the Plaintiff.
The plaintiff appeared on the date of the above distribution, and stated an objection to the whole amount of dividends of the defendant, and filed the lawsuit of this case within one week thereafter.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 9, Eul evidence Nos. 6 and 7 (including separate numbers, if any) and the purport of the whole pleadings
2. The plaintiff asserts that the attachment of corporeal movables in this case is unlawful upon the defendant's application for a compulsory auction, even though D transferred them to a third party and had already lost possession after the seizure of corporeal movables in this case upon the plaintiff's application for a compulsory auction.
Mag-si.