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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. At the time of January 4, 2011, the Plaintiff registered the establishment of a neighboring mortgage of KRW 170,000,000 for the debtor B, the mortgagee, the mortgagee, the maximum debt amount, and KRW 170,000,00 with respect to the land located in Seongdong-gu, Seoul (the land category and size omitted; hereinafter “instant land”).
B. From July 2009 to December 2, 2017, the Defendant: (a) expropriated the instant land as a site for the D Pedestrian Environment Development Project (hereinafter “instant project”); (b) filed an application with the Governor of the Jeollabuk-do Regional Land Tribunal at its request; and (c) on June 29, 2015, the said Committee filed an application for a ruling to expropriate KRW 368,678,00 (hereinafter “instant compensation”); and (d) on August 24, 2015, the date of expropriation as of August 24, 2015; and (b) on August 13, 2015, the Plaintiff received a seizure and collection order (hereinafter “instant seizure and collection order”); and (c) on August 13, 2015, the Plaintiff received KRW 170,000,000 from the instant claim against the Defendant for the instant compensation against the Defendant, and the said ruling was served on the Defendant on August 15, 2015.
C. Meanwhile, the instant real estate was seized by many creditors including the Industrial Bank of Korea, the mortgagee prior to its expropriation, etc. as follows.
Industrial Bank of Korea 1 Industrial Bank of Korea (the highest amount of claims 1,140,000,000 collective security (the highest amount of claims 1,140,000,000) on April 29, 201, 201 Plaintiff 2, on January 4, 2011, 170,000 collective security (the highest amount of claims 170,000,000,000) on September 22, 2011, 200 was 4 Jeonsan-gu on September 22, 2011, 234,932,0000 attached on September 20, 2011, with no application for seizure made on September 26, 2013.
D. Afterwards, upon acceptance of the instant real estate, the holders, including the Industrial Bank of Korea, seized and collected the instant compensation as follows.
The rights of the amount as of the date of decision such as seizure of the creditor.