청구이의
1.The judgment of the first instance shall be modified as follows:
A. Of the instant lawsuit, a notary public against the Defendant’s Plaintiffs.
1. The reasoning for this Court’s explanation concerning this part of the facts of recognition is the same as the corresponding part of the reasoning of the judgment of the first instance, except for the following dismissal. Thus, this Court cites it as it is by the main text of Article 420 of the Civil Procedure Act.
The third 6th 6th am of the judgment of the first instance court " March 27, 2015" shall be " December 4, 2014."
2. Summary of the parties' arguments
A. The Defendant’s claim based on the instant fair deed against the Plaintiffs is KRW 1401,960,000,000,000,000,000,000 won received from an I Bank according to the assignment order based on the instant fair deed, including the insurance premium paid by the Plaintiffs on behalf of the F, etc., and KRW 172,269,464, the Defendant deposited with the Plaintiffs for payment, and KRW 3,073,355, which the Defendant received in accordance with the seizure and collection order of the claim based on the instant fair deed (Seoul District Court 2017, Doz. 2017, and 9777). Therefore, compulsory execution against the exceeding portion shall be denied.
B. Since the Defendant’s claim against the Plaintiffs based on the instant fair deed against the Defendant’s assertion was due and due on January 3, 2015, and the following day occurs to the Plaintiffs, the insurance premium that the Plaintiffs paid on behalf of the Plaintiffs, KRW 60 million that the Defendant received from the I bank, KRW 172,279,257 that the Defendant received from the I bank, and KRW 2,337,152 that the Defendant received from the Defendant’s payment due to the change of deposit amount, and KRW 2,37,152 should be appropriated in the order of delay damages
3. Determination on the legitimacy of a lawsuit
A. In the compulsory execution of the scope of the execution claim under the instant fair deed, the scope of the execution claim against the obligor is determined in accordance with what is indicated in the executory title. Thus, in addition to the principal claim on the original copy of the executory title and the interest thereon until the due date for payment, there is no indication of the delayed damage claim from the date of payment after the due date to the date of full payment.