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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 February 22, 2017, the Plaintiff received a decision on provisional seizure of real estate by Seoul Southern District Court 2017Kadan20668 as to the real estate listed in the separate sheet owned by C Co., Ltd. (hereinafter “C”) (hereinafter “instant real estate”) with the claimed amount as KRW 618,578,50,000, and completed the provisional seizure registration by the Seoul Southern Southern District Court’s receipt of the Seoul Southern District Court on the same day.
B. On February 21, 2017, the Defendant received a decision on provisional seizure of real estate (hereinafter “decision on provisional seizure of this case”) by the Seoul Central District Court 2017Kadan802080 as to the real estate of this case as KRW 176,310,000, and completed the provisional seizure registration as Seoul Southern District Court’s receipt on February 22, 2017.
C. Meanwhile, on March 2, 2011, the Seoul Southern Southern District Court received KRW 168,00,000,000 for the instant real estate, and the registration of the establishment of a neighboring mortgage, which is the maximum debt amount, C, the Industrial Bank of Korea of the said court, and the registration of the establishment of a neighboring mortgage, under Article 42891, which was received by the said court on June 22, 2016, the registration of the establishment of a neighboring mortgage, C, and D, the debtor, and the mortgagee, respectively.
After that, the Industrial Bank of Korea filed an application for voluntary auction on the instant real estate to Seoul Southern District Court B (hereinafter “instant voluntary auction”), and accordingly, the decision of voluntary decision was made on March 27, 2017, and the registration of ownership transfer was completed on November 10, 2017 by selling the instant real estate to E.
E. On December 21, 2017, Seoul Southern District Court: (a) KRW 442,906,993, the amount to be actually distributed in the instant voluntary auction procedure, was first 784,830, and second 168,000, and second 200,000, and second 41,772,760, and 760, and five 56,846,703, and five 16,005, and 16,202.