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1. The plaintiff's appeal as to the main claim and the plaintiff's conjunctive claim as changed in exchange at the trial.
Reasons
1. The reasoning of the judgment of the court of this case is as stated in the judgment of the court of first instance except for the dismissal of the "paragraph (b)" among the grounds of the judgment of the court of first instance as stated in the main sentence of Article 420 of the Civil Procedure Act.
2. Judgment on the conjunctive claim changed at the trial
A. The summary of the assertion is that the deposit of this case is for the cancellation of attachment, and the defendants thereby obtained the substantial and legal benefit of the cancellation of provisional attachment.
The Defendants transfer the right to claim for recovery of the instant deposit to J exclusively funded with the instant deposit money, and J is obligated to transfer the right to claim recovery of the instant deposit to the Plaintiff, and to notify the Republic of Korea (Seoul Central District Court Deposit Officials) of the said assignment.
B. The provisional attachment of the real estate on the market is to preserve the compulsory execution of the real estate on the basis of monetary claims, and where the provisional attachment or release of the real estate is made to cancel the provisional attachment execution of the real estate, even if the provisional attachment execution of the real estate is cancelled, the effect of the provisional attachment or release of the real estate shall be excessive to the deposit
However, as seen earlier, insofar as the existence of claims against the Defendants among the provisional seizure of this case is not recognized, the Plaintiff cannot exercise its right to the above provisional seizure deposit.
In addition, the reason that the J, who borrowed money from the Plaintiff, contributed to the deposit money to cancel the provisional seizure of this case and that both the Plaintiff and the J wish to receive the said deposit money, the Plaintiff did not have the right to demand that the J transfer the right to claim the refund of this case to the Defendants.
With respect to the legitimacy of the part of the plaintiff's claim against J, the above revised conjunctive claim is rejected without further review.
3. The plaintiff's primary and conjunctive claims are all dismissed as they are without merit, and they are the plaintiff's primary claims.