추심금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Comprehensively taking account of the overall purport of arguments in Gap evidence Nos. 1 through 3-1, 2, and evidence No. 4 as to the cause of the claim, the plaintiff filed an application for provisional seizure against Eul for 60,936,350 won out of the purchase price claims pursuant to the Seosan City Finance 11047m2, and the real estate sale contract for the above ground buildings (hereinafter "the sale contract in this case"), and the provisional seizure order was issued on December 23, 2016 and the above decision was delivered to the defendant on December 26, 2016. ② The plaintiff cannot be found to have received the above provisional seizure order against the plaintiff on July 4, 2017 from the date following the Daejeon District Court Decision No. 2016No300, Jul. 4, 2017 to the date of the above provisional seizure order of KRW 30,500,000,0000,000,0000,000.
According to the above facts, the defendant is obligated to pay 37,656,928 won and delay damages to the plaintiff, except in extenuating circumstances.
2. Judgment on the defense
A. The Defendant had already paid the purchase price under the instant sales contract to E before receiving the above decision.
B. Determination of Gap evidence Nos. 5-1, 2, Gap evidence Nos. 6, Eul evidence Nos. 1-1, 2-2, Eul evidence Nos. 2-1 through 6, Eul evidence Nos. 3-1 through 3, Eul evidence Nos. 5 and 6, the result of an order issued by this court to submit tax information to the Mayor of the Seosan and the director of the budget office, and the whole purport of the pleadings, and if we gather together with the following facts and circumstances, the defendant's provisional attachment.