공탁금출급청구권 확인청구의 소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Basic Facts
On December 2, 2010, Co-Defendant B of the first instance trial (hereinafter referred to as “B”) registered its business with the trade name “G” in the name of Co-Defendant A of the first instance court (hereinafter referred to as “A”) (hereinafter referred to as “A”) and operated the age club (hereinafter referred to as “instant age club”) starting around that time.
In accordance with the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor, Osan-si, H, I and buildings on the ground of the instant age club were incorporated into JJ. In accordance with the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor, Osan-si established KRW 534,33,330 (hereinafter “instant business compensation”).
The plaintiff is a tax creditor of B (competent authority: the Ministry of Strategy and Finance, the Ministry of Home Affairs, and the Ministry of Home Affairs) who seized the right to claim business compensation in B.
The defendant is a creditor against A who seized A's claim for business compensation, and the co-defendant D (hereinafter referred to as "D"), E, and F is a creditor against A and B who seized or provisionally seized the above claim for business compensation.
On the other hand, D filed a lawsuit claiming the assignment of claims against A by Suwon District Court 2013da33009 against the instant business compensation that A had against Osan City on behalf of B.
In the above appellate court case No. 2013Na434, Jan. 30, 2015, the above appellate court rendered a ruling that "A shall transfer KRW 70,040,547 of the operating compensation bonds of this case against Osan to B, and notify it at Osan," and the above ruling was finalized on February 24, 2015.
On October 15, 2015, Osan City: (a) designated the deposited person as Suwon District Court No. 9582, No. 934,300,000 won (hereinafter “instant deposit”) on the ground that “The true owner is not known due to the above final judgment, etc. on the instant business compensation, and there are concurrent claims, provisional seizure, seizure, etc. against A and B.” (hereinafter “instant deposit”).
[Ground of recognition] Unsatisfy, A No. 1.