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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. D around July 18, 2017, deposited KRW 34,314,200 as KRW 2706 of this Court on the grounds of competition such as the seizure of claims against the refund of the lease deposit to E.
Accordingly, the distribution procedure (the plaintiff and the defendant, the debtor, the debtor, and the third debtor D) has been initiated in F of this Court. On October 24, 2017, a distribution schedule was prepared to the effect that 34,159,952 won of dividends, excluding the actual execution cost, out of the amount to be distributed on October 24, 2017, which is the date of the distribution procedure, are distributed to all the plaintiff.
B. The Defendant, prior to this, appears to have received the succession execution clause by transferring the above claim against the Plaintiff, even though the enforcement title of the judgment of the Seoul Central District Court 2005Kahap74929 Decided March 23, 2006 (hereinafter “instant judgment of execution”) was the Plaintiff of the above judgment.
In addition, in the dividend procedure, the Plaintiff filed an application for a seizure and collection order (this court 2017TTT 56703, 2017TT 56704) with respect to the Plaintiff’s right to claim the payment of deposit against Korea in the said distribution procedure, and received each decision of acceptance on August 30, 2017 and on August 31, 2017.
C. G filed an application for a seizure and collection order with respect to the Defendant’s right to claim the delivery of dividends against the Republic of Korea in the said distribution procedure (U.S. District Court Decision 2017 Tayang 23474) and received the decision of acceptance on September 1, 2017.
A new distribution procedure (hereinafter “instant distribution procedure”) was commenced by this court under the grounds of the concurrence of claims such as the above seizure of dividends in the said F distribution procedure. On December 19, 2017, 34,115,608 won, excluding enforcement expenses, was all distributed to the Defendant.
E. Thereafter, on December 27, 2017, G, the Defendant’s creditor, filed an application for the delivery of the said dividends and received the said dividends, and the said distribution procedure was completed.
[Ground for recognition] Unsatisfy, Gap evidence 1, and