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1. The defendant's Daegu District Court Decision 2015Da1440 delivered on the defendant's non-party F was the Seoul District Court of 2015Da1440.
Reasons
Comprehensively taking account of the overall purport of evidence Nos. 1 through 7 (including additional numbers) and the argument, the Plaintiffs purchased shares of F from F on April 21, 2013, 13: (a) the Plaintiff purchased shares of G forest land G 13476m2m2, 922m2, and each of the above H H ground buildings; (b) the Defendant filed a payment order against F on December 17, 2015 (hereinafter “instant payment order”); and (c) the instant payment order became final and conclusive on April 28, 2016 upon the instant payment order; (d) the Defendant received a compulsory performance order on each of the above real estate as Kimcheon-Support I on April 12, 2017; and (d) the Plaintiffs received a compulsory performance order on each of the above real estate under the name of the Plaintiff Kimcheon-si, Kimcheon-si, the Defendant was designated as the Defendant under the name of the above Defendant’s compulsory performance order; and (e) the Defendant was recognized as the Defendant’s deposit 145484,54.
According to the above facts, the F's obligation to the Defendant, which was finalized by the payment order of this case, was entirely extinguished by the payment deposit of the Plaintiffs, and the Defendant also recovered its obligation to F in the reply.
Any compulsory execution against F based on the original copy of the payment order of this case against F shall not be permitted.
Therefore, the plaintiffs' claims by subrogation of F are justified, and it is so decided as per Disposition by the assent of all.