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1. Of the distribution schedule prepared by the same court on July 31, 2018, the Suwon District Court C real estate auction case.
Reasons
1. Facts of recognition;
A. On June 2, 2014, the Plaintiff filed an application for provisional attachment against D on April 2, 2012 for each of the real estate listed in D’s separate attachment (hereinafter referred to as “the first provisional attachment order”) with the Daejeon District Court Branch of Seosan Branch of 2014Kahap167, holding that the claim of KRW 150,000,000, which was part of the principal amount of the loan claim (hereinafter “loan claim of this case”) was a preserved right, as the preserved right. On June 3, 2014, the said court accepted the Plaintiff’s application and rendered a provisional attachment order (hereinafter referred to as “the first provisional attachment order”).
Accordingly, on June 3, 2014, registration of provisional seizure was completed on each real estate listed in the separate sheet (hereinafter referred to as "each real estate of this case").
B. On June 25, 2014, the Plaintiff filed a lawsuit against D seeking payment of the principal and interest of the instant loan claim amounting to KRW 218,827,190,00 (i.e., principal amount of KRW 175,00,000,000) (i.e., principal amount of KRW 43,827,190), but the judgment against the Plaintiff was rendered on May 13, 2015 (hereinafter “the first judgment”) upon acceptance of D’s assertion that the loan agreement on the instant loan claim was based on a false conspiracy between the Plaintiff and D.
C. Meanwhile, on June 16, 2014, D filed an objection against the first provisional attachment order with the Daejeon District Court Branch 2014Kahap177, Seosan Branch of the Daejeon District Court. The same court, following the examination, revoked the first provisional attachment order on June 9, 2015 and dismissed the Plaintiff’s application for provisional attachment (hereinafter “instant revocation order”).
Accordingly, the registration of provisional seizure was cancelled on June 23, 2015 by the Suwon District Court, Dongwon District Court, Dongwon District Court, the registration of provisional seizure was cancelled.
On June 2, 2015, the Plaintiff lodged an appeal against the judgment of the first instance by Daejeon District Court 2015Na103461, and the same court rendered the instant judgment differently from the judgment of the first instance on November 11, 2015.