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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Facts of recognition
The final plaintiff, on September 8, 2012, filed a payment order with C (hereinafter referred to as “Nonindicted Company”) on September 23, 2012, seeking a payment order with respect to a loan claim of KRW 200,000,000,000,000, and damages for delay against the non-party company (hereinafter referred to as “non-party company”) that the Plaintiff acquired, as Seoul Central District Court Decision 2012 tea70824, against the non-party company (hereinafter referred to as “non-party company”), and issued a payment order with the same content as in October 23, 2012. The above payment order was finalized on November 14, 2012.
Based on the original copy of the above payment order, the Plaintiff filed an order of seizure and assignment of claim against the amount claimed as Busan District Court 2016TTTT 2016TT 201819, with the Defendant for 505,782,467 won, the debtor company, and the third debtor, as the Defendant, for the auction of real estate E in Changwon District Court Jinwon Branch E in the auction of real estate (hereinafter “each of the instant real estate”), and filed an order of seizure and assignment of claim against the Defendant for the amount up to the claim amount out of 568 million won of indemnity claim against the Defendant. The Plaintiff received from the above court the order of seizure and assignment of claim (hereinafter “instant seizure and assignment order”) with the same content as on June 30, 2016. The above seizure and assignment order was served on the Defendant on July 13, 2016.
Accordingly, the Defendant filed an immediate appeal on July 15, 2016, but the first instance court approved the disposition of a judicial assistant on September 5, 2016, and the appellate court (Seoul District Court 2016Ra2215) dismissed the Defendant’s appeal on December 21, 2016, and the instant attachment and assignment order became final and conclusive on January 3, 2017.
The F and the Defendant entered into a partnership agreement on March 18, 2008 on the construction of a new waste plant on each of the instant real estate (hereinafter “instant partnership agreement”) with the acquisition of each of the instant real estate by Nonparty Company F and the establishment of a foundation. The Defendant bears the purchase fund of the instant real estate and the cost of establishing a foundation.