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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 National Agricultural Cooperative Federation, around November 20, 2008, lent KRW 1 billion to C, set up a right to collateral security at KRW 1.2 billion with respect to the Goyang-gu E and F land owned by C’s husband D, and G land owned by C, KRW 1.2 billion with respect to the maximum debt amount.
B. The NongHyup Bank, which succeeded to the National Agricultural Cooperative Federation, filed an application for the auction procedure of real estate deposit with the Do Government District Court Goyang branch H as to each of the above lands, and the decision was rendered on May 16, 2014, and the Plaintiff acquired all of the loan claims and security rights against the NongHyup Bank Co., Ltd. on September 29, 2014.
C. On September 8, 2015, the Plaintiff filed an application with the Seoul Central District Court for provisional attachment (hereinafter “instant provisional attachment”) on the 10th of the same month with the amount claimed as KRW 200 million, which is a part of the above loan claims, as to the 103 Dong 206 (hereinafter “instant apartment”). The said court rendered a provisional attachment order on the 10th of the same month.
C On December 11, 2015, on the ground that the Seoul Central District Court deposited KRW 200,000,000,000,000 for the cancellation of the execution of the provisional seizure of this case, and on the 14th of the same month, the above court ruled to accept the cancellation of the provisional seizure execution.
E. On February 22, 2016, the Defendant, a father of C, applied for a seizure and collection order regarding KRW 200,000,000,000,000 for the claim amount under the Jeju District Court 2016TT No. 928 based on the executory exemplification of a notarial deed (No. 4, 2016, a notary public). On February 24, 2016, the Defendant applied for a seizure and collection order regarding KRW 130,000,000,000 for the claim amount under the Jeju District Court 20,000.
F. On March 3, 2016, C deposited KRW 200 million as Seoul Central District Court No. 27506 on the ground that the Plaintiff’s provisional attachment and the Defendant’s collection order competes with each other with respect to the right to claim the recovery of deposit money. The Jeju Central District Court B on the deposit money.