압류채권지급 청구의 소
1. The defendant shall pay 300,000,000 won to an independent party intervenor.
2. The plaintiff's claim against the defendant.
1. Presumed factual basis
A. The Plaintiff’s claim against the Nonparty Company is KRW 386,612,290, as indicated in the separate sheet of default and/or loss, with respect to the Plaintiff’s claim against the Nonparty Company (hereinafter “Nonindicted Company”).
B. On March 2, 2010, the non-party company, a claim against the Defendant of the non-party company, entered into a housing construction right transfer and acquisition contract (hereinafter “instant contract”) with the content that the non-party company would transfer the instant business right to the Defendant on March 2, 2010, while holding a new business right for the 98 unit apartment units on the ground of the non-party company B and nine units on the ground of the land outside
The main contents of the instant contract are as follows.
Article 2 (Transfer and Acquisition Amount and Payment Method)
1. The amount of transfer and acquisition shall be one thousand won;
2. At the time of the contract, 300,000,000 won shall be paid as the down payment, and 200,000,000 won among them shall be under the conditions of the apartment property in the Dong-gu, Dong-gu, Dong-gu, Seoul Special Metropolitan City where the Rac Construction Co., Ltd. was carried out by April 15, 2010, and the remainder of 100,000 won shall be paid in cash.
3. The defendant shall complete the change of the business entity to the viewing of the subscription, and shall pay 100,000,000 won out of the remainder to the non-party company within the period of one month after the completion of the change of the
4. Consultation on the date of payment after the completion of the transfer of the business right to the viewing and payment of the remaining balance of KRW 800,000,000 shall be paid to a person designated by the non-party company as a substitute.
C. On March 24, 2010, the Plaintiff seized the claim for payment under the instant contract that Nonparty Company has against the Defendant in order to preserve the local tax claim against Nonparty Company.
The defendant was notified of the above seizure around March 29, 2010.
On July 26, 2013, the Plaintiff urged the Defendant to pay the seized claims.
[Ground of recognition] Facts without dispute, Gap 1, 2, 3, 4 evidence, Gap 9 evidence, the purport of the whole pleadings
2. The defendant's defense prior to the merits is that the plaintiff seeks payment from the defendant on behalf of the non-party company.