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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1.In fact, the following facts do not conflict between the Parties:
On August 27, 2013, on the ground that the Defendant has a joint and several surety claim of KRW 177,84,383, the Defendant received a decision on provisional seizure of real estate against the H Building Nos. 1304, 804 (hereinafter “instant real estate”) owned by Seongbuk-gu Seoul, Seongbuk-gu, Seoul, E, F, and G (hereinafter “instant real estate”).
B. On July 16, 2014, the Seoul Northern District Court B opened a distribution schedule on the date of distribution on March 27, 2015.
C. According to the distribution schedule of March 27, 2015 as to the instant real estate, there have occurred a cause for not being able to pay dividends to the Defendant, who is the person holding the provisional seizure right, the court of auction, on June 19, 2015, additionally distributed KRW 12,534,591 to the Defendant, who is the person holding the provisional seizure right, and KRW 15,966,687 to the Plaintiff, who is the person holding the right to demand distribution, and the Plaintiff raised an objection as to the amount distributed by the Defendant
2. The Plaintiff’s assertion and judgment that the Defendant received a provisional attachment order on the instant real estate as C’s creditor and additionally distributed dividends. However, in a situation where a large amount of debt is set, such as the right to collateral security exceeding the real estate value of the instant real estate, the Defendant in collusion with C and provisionally seized it as false bonds, and accordingly, the Defendant asserts that the amount distributed to the Defendant based on the false
However, there is no evidence to acknowledge that the defendant's claims against C are false claims, and the defendant's assertion is without merit.
3. In conclusion, the plaintiff's claim of this case is without merit, and it is so decided as per Disposition.