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The judgment below is reversed and the case is remanded to Seoul High Court.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. As seizure of claims orders a third party debtor to prohibit payment, the debtor cannot take action such as extinguishment or reduction of claims, and cannot set up against the creditor. However, the debtor's disposition on the legal relationship which is the cause of the claims is not binding.
(See Supreme Court Decision 91Da29736 delivered on November 12, 1991). However, in the case of an acquisition of a contract for the purpose of transferring the status as a party to a contract, the transferor withdraws from the contractual relationship, and the contractual relationship between the transferor and the other party is extinguished (see Supreme Court Decision 2007Da31990 delivered on September 6, 2007). However, the transferor succeeds to the transferee without maintaining the identity of the rights and obligations arising out of the contractual relationship.
Therefore, it is reasonable to view that a third party obligor cannot oppose the execution creditor on the ground that the contractual relationship between the transferor and the third party obligor is extinguished by the contract transfer, in case where the contract transfer takes place after the transferor's claim against the third party obligor was seized, and then the transferee takes over the status of the party to the contract, which is the cause of the claim.
2.(a)
The judgment below
The reasons and records reveal the following facts.
① On August 18, 2006, UNFD Co., Ltd. (hereinafter referred to as “NFD”) sold to the Defendant the sixth or the first floor above ground (hereinafter referred to as “instant building part”) to be used by the Defendant as a large discount sales facility among the main complex buildings constructed in one unit in Seongbuk-dong, Seongbuk-gu, Seoul (hereinafter referred to as “instant sales contract”) at KRW 87,161,00,000 (excluding value-added tax) (hereinafter referred to as “instant sales contract”).