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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The facts under the recognition of the appeal related to the subsequent appeal may be recognized or may be recognized in full view of the respective entries in Gap evidence Nos. 1 through 3 and the whole purport of pleadings.
(1) The Plaintiff leased the main body and monitors of a computer to B as a company that leases a notarial deed and IT equipment, but the same person did not pay rent.
(2) On March 10, 201, the Plaintiff, B, and C (B) drafted a “notarial deed of money loan contract for transfer-transfer-based security” with the content that “A debtor B borrowed KRW 123,057,550 on February 1, 2011 from the Plaintiff. A joint and several liability joint and several liability agreed jointly to perform the debtor B’s obligation. When B and C fail to perform the obligation under this contract, the debtor and joint and several liability joint and several liability agreed to have no objection thereto even if they immediately perform compulsory execution.”
B. The Defendant, a mother of B, purchased “Seoul Seongdong-gu D, 805” around September 26, 2013, and transferred B and C to the above E apartment 805 on November 25, 2013, and the Defendant completed the registration procedure for transfer of ownership as to the above E apartment 805 on November 26, 2013.
C. (1) The Plaintiff filed an application for the seizure and collection order, based on the executory exemplification of the above notarial deed, with the Seoul Eastern District Court 2014TTT as the obligor B and C, the claimed amount of KRW 78,102,170, the garnishee, the Defendant, and the seized claim “B and C, when leasing the lease Nos. D and 805 from the Defendant in Seongdong-gu Seoul Metropolitan Government, until the above claimed amount of the lease deposit,” in which B and C filed an application for the seizure and collection order.
(2) On July 24, 2014, the Seoul Eastern District Court issued a collection order, stating that “The above seized claims may be seized and collected by the Plaintiff,” upon the Plaintiff’s request, issued a summary of the claims seizure and collection order.
(3) The original copy of the above seizure and collection order shall be deemed to have been issued on January 2014.