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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The defendant is a company established for the main purpose of real estate management business on June 30, 198, and the total number of issued stocks was 30,000 shares or stock certificates were not issued.
B. On July 15, 2016, C, holding the Defendant’s shares, issued a notice of transfer (hereinafter “instant transfer”) and a notice of transfer (hereinafter “instant notice of transfer”) to the effect that the Defendant transferred the instant shares to the Plaintiff by content-certified mail, and the shares listed in the attached list (hereinafter “instant shares”).
On August 12, 2017, the payment order against C was finalized to the effect that “C shall pay to the Plaintiff KRW 505,120,90,90 and delay damages therefrom,” the Plaintiff filed an application for payment order with Seoul East Eastern District Court 2017 tea162.
C. On the other hand, on September 24, 2013, the Defendant, as Seoul Eastern District Court 2013Kadan7833, issued a provisional attachment ruling on the instant shares with the loans and claims amounting to KRW 1,040,000,00, by making the debtor C and C as the defendant as the defendant, and received a provisional attachment ruling on the instant shares (hereinafter “instant provisional attachment ruling”).
On September 27, 2013, the instant provisional attachment ruling was served on the Defendant, who is the garnishee, and was served on March 8, 2014 by public notice to C.
[Ground of recognition] The fact that there is no dispute, Gap's 1 through 4, Eul's 6, Eul's 1 (including each number), the purport of the whole pleadings
2. The assertion and judgment
A. The parties' assertion that the Plaintiff received the instant shares for the purpose of securing the claim against C, and notified the Defendant of the instant transfer. The Defendant asserts that the Plaintiff is obligated to implement the transfer procedure of the instant shares.
As the Defendant first served the provisional attachment order of this case on the shares of this case, the transfer procedure cannot be implemented against the Plaintiff. ② Since the Plaintiff’s claims against C have been fully repaid, the purpose of this claim security is to secure claims.