beta
Text
1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On November 2, 2010, E paid a total of KRW 549,978,900 (i.e., KRW 249,202,200, KRW 117,239,200, KRW 66,892,80,800) with respect to land of 13 parcels, including Guro-gu Seoul District Court G Real Estate Auction Case (hereinafter “F Land Auction Case”). On October 2, 201, E paid a total of KRW 1,49,97,200 (i.e., KRW 116,644,700, KRW 200, KRW 117,239,200, KRW 66,892,800) with respect to land of 13 parcels, including Guro-gu Seoul District Court, and paid KRW 369,107,200,00 from the sale price of land) as a bidder, and returned the bid deposit and the sale price.
B. The Plaintiff, as a creditor of E, received a claim attachment and collection order as Seoul Western District Court 2015TTT2397 with respect to the F Auction Claim and the claim for the return of the sale price, and the Defendant also received a provisional attachment order with respect to the claim for collection of the claim for the claim to be collected (= KRW 483,086,100 with respect to the claim for the aforementioned auction case’s claim to be collected (= KRW 116,64,700, KRW 249,200, KRW 117,239,200, KRW 117,239,200) as the Seoul Western District Court 2014Kadan26488.
C. On March 11, 2016, the Seoul Central District Court prepared each distribution schedule with the content that dividends are distributed to the Plaintiff and the Defendant as follows in each of the above courts C (Goods No. 1) and D (Goods No. 3) regarding each bid bond in the F Land Auction Case No. 1 and 3. The Plaintiff appeared on each distribution date and raised an objection against the Defendant’s dividend amount.
C For the reasons for division C: 28,131,403 won 28,310,770 won for the collection right of the plaintiff; 58,678,218 won for the provisional attachment right of the defendant; 59,052,354 won for the amount of dividends
D. The judgment related to the claim of the original defendant E, the claim of the above seizure and collection order, and the provisional seizure decision, is as follows.
1) The Plaintiff’s claim, Nonparty H, and I are Nonparty J Co., Ltd. (hereinafter “J”).
J and E.