추심금
1. The plaintiff (appointed party)'s appeal is dismissed.
2. The costs of appeal are assessed against the Plaintiff (Appointed Party) and the appointed parties.
1. The reasoning for the court’s explanation as to this part of the basic facts is as stated in Article 420 of the Civil Procedure Act, except that the “the status of the Plaintiffs and the Defendant” in Article 420(1) of the judgment of the first instance as “the status of the Plaintiff (Appointed Party) and the appointed parties (hereinafter “the Plaintiff”) and the Defendant without distinguishing them from the Plaintiff (Appointed Party)” is the same as indicated in the corresponding part.
2. Judgment on the main claim
A. Although the Plaintiff’s assertion M was awarded a contract for remodeling construction for the instant building with N, it did not receive approximately 18 billion construction cost, and thus, it acquired a lien on the occupied portion of the instant building with the claim for the said construction cost as the secured claim.
Since the Defendant agreed to assume the responsibility for all legal relationships, such as the lien on the instant building, and purchased the instant building from R Co., Ltd. (hereinafter “R”), it shall be deemed that the Defendant concurrently assumed the obligation for the construction price for NM secured by the lien on the instant building.
The plaintiffs received the above order of seizure and collection as to the above priority claim, and the defendant received the building in this case from M, and paid KRW 5 billion, which is a part of the above claim, to M.
The defendant cannot set up against the plaintiffs on the ground of the above five billion won repayment. Thus, the plaintiffs seek the payment of each collection amount according to the collection order under the seizure and collection order.
B. 1) As to the existence of a lien, the following facts are recognized in addition to each of the statements in Gap evidence Nos. 6, 13, and 14 (including paper numbers).
① M filed an application against N, etc. for provisional disposition prohibiting the obstruction of possession by the Seoul Central District Court 201Kahap79, and the said court accepted the application on May 11, 2011.
N shall be the Seoul Central District Court.