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1. All applications for participation by the principal lawsuit and the independent party intervenor shall be dismissed.
2. Of the costs of lawsuit, the principal lawsuit.
Reasons
Basic Facts
The Independent Party Intervenor (hereinafter “ Intervenor”) issued and delivered, on November 2, 2012, a promissory note in the face value of KRW 1.5 billion to Defendant Hyundai Public Co., Ltd. (hereinafter “former Public Co., Ltd.”) and on the same day, a notarial deed on the said promissory note was prepared.
Defendant Hyundai Public Co., Ltd (hereinafter “instant attachment and assignment order”) was issued by the above court on January 3, 2013 upon receipt of an order for seizure and assignment of claim regarding 600 million won due to the Seo-gu, Daejeon District Court 2012TTTT17862, which the Intervenor had against the social welfare foundation B (hereinafter “B”), with the title of execution of the said notarial deed, and upon receipt of an order for seizure and assignment of claim from the above court (hereinafter “instant attachment and assignment order”). The said order was served on the garnishee, who is the garnishee, and on January 7, 2013, on January 14, 2013, and was finalized on January 22, 2013.
On January 18, 2013, Defendant Hyundai Public: (a) transferred to the Plaintiff the entire claim (hereinafter “the entire claim”) through the instant seizure and assignment order; and (b) the same year.
5.1. The above transfer was notified to B.
Defendant L&C Development Co., Ltd. (hereinafter “N&C Development”) received a seizure and collection order (hereinafter “instant seizure and collection order”) on February 15, 2013 with the Daejeon District Court Decision 2009Gahap2807 as the title of execution of the judgment in respect of the claim for construction cost, etc. as the title of execution. The said order was served on B on February 19, 2013.
B on July 5, 2013, on the ground that the Intervenor was served with the seizure of several claims for the construction price under the instant E Corporation held against B, the Daejeon District Court Decision 248(1) of Article 248(1) of the Civil Execution Act (Seoul District Court Decision 245,208,406, the construction price of which is KRW 245,208,406).