제3자이의
1. The defendant's appeal is all dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. Text of the judgment of the court of first instance;
1. The scope of the judgment of this court is limited to the claim of the plaintiffs in the judgment of the court of first instance that accepted both the plaintiffs' claim and the claim for payment of money by a third party, and since the defendant appealed only to the part of the claim for payment of the original cost.
2. Basic facts
A. Upon the death of Nonparty E on April 6, 2013, the Plaintiffs and C (Co-Plaintiffs in the first instance court) (the deceased’s heir) reported the qualified acceptance by the Seoul Family Court Decision 2013-Ma4345 on May 15, 2013, which received the said report from the said court on July 5, 2013.
B. The Defendant, a creditor of the net E, filed a lawsuit against the Plaintiffs and C seeking the return of the above loan.
On August 20, 2013, the court of first instance rendered a ruling that “within the scope of property inherited from the deceased E, Plaintiff A shall pay KRW 150,000,000 to the Defendant, Plaintiff B and C shall pay damages for delay to each of the above amounts, respectively (Seoul Central District Court Decision 2013Da44350 decided August 20, 2013).”
Accordingly, the plaintiffs and C appealed. On July 31, 2014, the appellate court rendered a judgment that "within the scope of the property inherited from the network E, the plaintiffs A and the plaintiffs and C shall pay damages for delay to each of the above amounts," respectively (Seoul High Court Decision 2013Na57407 decided July 31, 2014).
After that, the Supreme Court dismissed the defendant's appeal and the above appellate judgment became final and conclusive.
C. Based on the judgment of the first instance court of the above provisional execution sentence against the Plaintiffs, the Defendant issued a seizure and collection order (Seoul Central District Court 2013TTTT 2013TT 30272, hereinafter “instant seizure and collection order”) to transfer the provisional seizure to the original seizure on September 23, 2013. On October 17, 2013, the Defendant issued a seizure and collection order (201TT 2013T 327444, respectively.