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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant received a seizure and collection order that seizes and collects the claims against the Plaintiff based on D Co., Ltd. (hereinafter “D”), and filed a lawsuit against the Plaintiff for the claim for the collection of the money (Seoul District Court Decision 2009Dahap2080), and on February 16, 2012, the appellate court rendered a judgment to the effect that “the Plaintiff shall pay to the Defendant the amount of KRW 564,887,671 and the delay damages therefor,” and the above judgment of the appellate court (Supreme Court Decision 201Na653) became final and conclusive as it is by dismissal of the appeal in the final appeal (Supreme Court Decision 2012Da29434).
B. On November 26, 2014, the Defendant was ordered to attach the Plaintiff’s shares in co-ownership of deposited securities to E Co., Ltd., based on the original copy of the final judgment in the above collection amount case (this Court Decision 2014TTTT 16407), and ② upon receiving a final decision on the amount of litigation costs for the above collection case (the Jeonju District Court 2015Kama6), the Defendant was ordered to attach the deposited securities on March 18, 2015 (this Court 2015 TaT 2952), and was ordered to take special cash for co-ownership of deposited securities (sale) on April 30, 2015.
(2015TTT 4082) c.
Accordingly, the distribution procedure was initiated regarding the proceeds from the sale of deposited securities as C in this court. On November 28, 2018, on the date of distribution, 2015, 2015, 2015, 40,735,782 won as the seizure authority of this court, and 913,552,115 won as the seizure authority of this court (No. 2014, 2014, 1647) were distributed to the Defendant, and the distribution schedule was formulated to distribute 131,846,647 won to the Plaintiff as the debtor (hereinafter “instant distribution schedule”).
The Plaintiff raised an objection against each of the distribution parts against the Defendant in the instant distribution schedule, and filed a lawsuit of demurrer against the Defendant within one week from the date of distribution.
E. Meanwhile, on July 23, 2015, the Plaintiff is based on the original copy of the judgment on the above collection amount against the Defendant.