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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. On March 3, 2010, the Plaintiff: (a) lent KRW 5,307,400,000 to D in total; (b) paid KRW 1,250,00,000 out of the leased principal; (c) the real estate listed in the separate sheet (hereinafter “the instant sales contract”) entered into on November 10, 200 between D and E with respect to the instant real estate constitutes a fraudulent act; and (d) filed a lawsuit seeking a claim, such as an agreed amount, with the Daegu District Court Decision 2010Gahap2255 on January 12, 201, “D revoked the instant sales contract; and (e) revoked the sale contract; and (e) ordered the Plaintiff to implement the procedure for the registration of transfer of ownership in the name of the instant real estate registered in the title of E.”
B. On October 16, 2012, the Defendant asserted that “F lent KRW 380,000,000 to D, and the Defendant acquired the above loan claims, and the Defendant loaned KRW 150,000 to D,” and was sentenced to the judgment that “D shall pay KRW 530,000,000 and its delay damages to the Defendant” as the Seo branch of the Daegu District Court Decision 2012Gahap4283 on November 29, 2012.
C. On February 19, 2014, the Plaintiff filed an application for a compulsory auction of real estate with the Seo-gu District Court Seo-gu District Court Branch C (hereinafter “instant case”) for a compulsory auction of real estate and completed a distribution schedule to the following effect (hereinafter “instant distribution schedule”) on December 5, 2017.
The creditor of the plaintiff 1,185, 205, 129 530,00,00 interest 1,664,856,886, 879, 949, 315 costs of the defendant 1,65, 2850,062,015 1,109, 949, 315 of the principal amount of the defendant 1,85,205, 129, 530,00 interest 1,664, 886, 876, 627, 127, 25.82% of the dividend distribution ratio of 25.82% of the maximum debt amount of the creditor 33 reasons for the distribution priority (judgment)
D. The Plaintiff appeared on the date of distribution of the instant case and appeared on the date of distribution, and the Defendant among the instant distribution schedule.