The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Summary and Determination of Cases

A. The facts following the summary of the case are either a dispute between the parties or acknowledged by considering the overall purport of the pleadings as a whole in each description of Gap evidence Nos. 1 through 16 (including paper numbers).

1) The Plaintiff’s real estate indicated in the attached list No. 1 (hereinafter “instant real estate”).

(2) As to the instant real estate, the amount of the claim is KRW 10,686,701, the Daegu District Court Branch of the District Court Branch of the Daegu District Court as the person holding a provisional attachment registered under No. 54009, Jul. 18, 2002. The Defendant succeeded to KRW 12,354,404, out of the amount of the preserved claim (the claimed amount) for the provisional attachment registered under No. 15493, Mar. 8, 2004, the amount of which was KRW 12,00,000, the F shall be the person whose maximum debt amount was registered under No. 4441, May 20, 201, G shall be the maximum debt amount was KRW 7,000,000 and registered under No. 5445, Jun. 25, 2014.

3) On February 13, 2019, upon the Defendant’s request, the court rendered a decision to commence a compulsory auction on the instant real estate (hereinafter “instant auction procedure”) on February 13, 2019.

(B) On November 21, 2019, the distribution schedule as shown in the attached Table 2 was prepared, and the plaintiff raised an objection to the amount distributed by the defendant on the relevant distribution date. (b) Determination 1) The amount to be distributed to the distribution procedure by the person holding the provisional attachment right is the principal, interest, and expenses within the scope of the claim amount of the provisional attachment.

In addition, since the real estate provisional seizure right holder prior to the commencement of the auction procedure does not demand a distribution, it is naturally treated as having demanded a distribution, so such provisional seizure right holder did not submit a claim statement.

Even if not, the dividends shall not be excluded from dividends (see, e.g., Supreme Court Decisions 94Da57718, Jul. 28, 1995; 2005Da34391, Sept. 29, 2005). In addition, the secured right holder is entitled to preferential reimbursement in preference to registered provisional seizure creditors.