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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 registration of transfer of E’s ownership was completed as of October 27, 2003 by the Daejeon District Court Daejeon District Court’s receipt No. 80818, Oct. 27, 2003, on the grounds of sale as of September 19, 2003 with respect to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) owned by D.
B. The Plaintiff’s ASEAN filed a lawsuit against E to seek the implementation of the procedures for ownership transfer registration due to the termination of a title trust agreement under the Seoul Southern District Court Decision 2013Gahap7173, Seoul Southern District Court, on the ground that he purchased each of the instant real estate from D, and concluded a title trust agreement with D, and completed the registration of ownership transfer under the name of E on each of the said real estate, but the said court dismissed the F’s claim on September 6, 2013 on the ground that there is no evidence to acknowledge such F’s assertion
The appeal of F is currently pending in the appellate court as the Seoul High Court 2013Na74693.
C. Meanwhile, the Korea Land and Housing Corporation: (a) completed the registration of ownership transfer on December 23, 2013 with respect to each of the instant real estate on the ground of land expropriation; and (b) deposited KRW 116,00,000 out of the total compensation amount of KRW 216,567,620, around December 12, 2013 with E as a deposit, as securities, around December 12, 2013.
Daejeon District Court No. 67 of 2013 (No. 67)
The Plaintiff received the order of seizure and collection from the Jeonju District Court’s 2014TTT1254 with respect to the above deposit money, and the Defendant received the order of seizure and collection from the Jeonju District Court’s 2014TTTT1233 with respect to the above deposit money. The Defendant received the order of seizure and collection from the Jeonju District Court’s 2014TTTC due to the competition of the seizure and collection order of the above deposit money.
In the above distribution procedure, the above court prepared a distribution schedule that distributes the amount of KRW 99,215,572 to the Plaintiff among the amount to be distributed actually on July 17, 2014, and KRW 111,382,871 to the Defendant, and KRW 12,167,29 to the Defendant, and the Plaintiff raised an objection thereto.