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(영문) 대구지방법원 2020.09.16 2020나301559
추심금
Text

All appeals filed by both the plaintiff and the defendant are dismissed.

The costs of appeal due to the plaintiff's appeal shall be the plaintiff's appeal.

Reasons

Basic Facts

The plaintiff, upon confirmation of the collection order and assignment order of this case, is one of the following persons who received the assignment order of the claim amounting to KRW 35,942,00 with respect to the claim amounting to the defendant against the defendant of the agricultural company C (hereinafter referred to as the "C"), and the attachment and collection order of the claim amounting to KRW 125,00,000, and the assignment order of the claim amount.

On May 16, 2018, the Plaintiff issued a collection order for the seizure and expropriation of the claim (hereinafter “instant collection order”) against “35,942,000 won out of the compensation to be paid by the Defendant to C in return for consultation acquisition and adjudication for expropriation with respect to the ground facilities located within the construction section for the construction of D Highway.”

On May 18, 2018, the original ruling was served on the defendant, who is the garnishee, and became final and conclusive as is.

On June 5, 2018, the Plaintiff: (a) was rendered a provisional seizure order on claims against the Defendant, who is the garnishee, on June 8, 2018, the Suwon District Court Decision 2018Kadan94, the Suwon District Court Decision 2018Kadan94, and the Defendant, as the garnishee; and (b) “The Defendant has received a provisional seizure order on claims against C out of the compensation to be paid in return for the acquisition by consultation and the adjudication on expropriation with respect to the ground facilities located within the construction section for the construction of D Highway; and (c) the said order was served on the Defendant, the garnishee, the debtor on June 8, 2018.

Then, on July 5, 2018, the Plaintiff was issued a decision on the seizure and assignment order of claims to transfer the provisional seizure of claims No. 2018Kadan94 (hereinafter “instant assignment order”) from the Suwon District Court Decision No. 2018 Tadan3831 (hereinafter “instant assignment order”). On July 9, 2018, the original copy of the assignment order was served on the Defendant on July 9, 2018.

On March 23, 2018, the Minister of Land, Infrastructure and Transport, such as notification of approval of a road project, adjudication of expropriation, and deposit, shall appoint the defendant as the project implementer and "H (I) construction works on an expressway" (hereinafter referred to as "construction works on an

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