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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. On May 25, 2015, the Plaintiff, against D (hereinafter “D”) on May 25, 2015, received a decision on provisional seizure of real estate in the attached Form 1 (hereinafter “instant real estate”) with a claim amounting to KRW 450,1650,00,000 from D (hereinafter “instant real estate”), and completed the following provisional seizure registration.
B. The Plaintiff filed a lawsuit seeking the payment of KRW 4550,1650,000 against D as the principal lawsuit of the instant provisional attachment (Seoul Central District Court 2016Gahap545038), and the damages for delay thereof (Seoul Central District Court 2016Gahap5038), and the judgment rendered in favor of all the parties on July 6, 2018 became final and conclusive on August 16, 2018.
C. On October 20, 2017, D issued a promissory note with a face value of KRW 8.15 billion at sight (hereinafter “instant promissory note”) to the Defendant. On the same day, when a notary public delays the payment of the said note under No. 160 of E Law Firm No. 2017, D drafted an executory authentic copy of a notarial deed with the intent to recognize and recognize that there is no objection even if he/she is subject to compulsory execution (hereinafter “instant notarial deed”).
D On May 11, 2018, the Chuncheon District Court deposited KRW 450,1650,000,000,000,000, which is the claim amount of the provisional seizure of this case (hereinafter “the instant provisional seizure”) with the 370,000 Sucheon Branch Branch Office of the Chuncheon District Court in 2018 (hereinafter “the instant provisional seizure”), and on May 14, 2018, revoked the instant provisional seizure.
E. On June 11, 2018, the Defendant received a seizure and collection order (Seoul Eastern District Court 2018TTTTT 2018TT 6645, hereinafter “instant seizure and collection order”) regarding the right to claim the collection of the instant amount deposited in the Republic of Korea by D based on the instant notarial deed.
F. The instant court’s distribution schedule of KRW 451,784,779, which became final and conclusive as the actual amount to be distributed on August 21, 2018, under the distribution procedure (Seoul East Eastern District Court C) for the instant amount of deposit in the sea bank (hereinafter “instant distribution schedule”).