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1. All appeals filed by the Defendant against the Plaintiff, the Defendant’s future white age tax and the succeeding Intervenor A are dismissed.
Reasons
1. Basic facts
A. On August 14, 2013, in a case of compulsory execution to corporeal movables (No. 2012No. 123199 of this Court, Plaintiff A: (a) awarded a successful bid for the movable property listed in the attached list No. 1 through No. 79 owned by F Co., Ltd. (hereinafter “Nonindicted Company”); (b) paid KRW 31,360,000; and (c) on January 15, 2014 during the instant lawsuit, Plaintiff A transferred each of the said movable property to the Intervenor’s successor.
B. On March 5, 2013, the Plaintiff’s future white age tax, Inc. (hereinafter “Plaintiff’s future white age tax”) concluded a contract for the supply of energy and appliances with the Nonindicted Company on May 20, 2013, after transferring the sports center and the private letter in the Incheon Literature World Cup stadium, and installed movable property listed in the attached Table 109 at the mechanical room in the Incheon Literature World Cup stadium.
C. Defendant, D, E, and G filed a lawsuit against Nonparty Company for the return of business bonds with the Incheon District Court 2012Kahap18546, Sept. 12, 2013, the said court rendered a judgment ordering the Defendant to pay KRW 54,298,000 to D, KRW 22,600,00 to E, and KRW 5,600,000 to E, and each of the above amounts to KRW 20% per annum from March 16, 2013 to the day of full payment. Upon termination of the loan agreement between Nonparty Company and Incheon Metropolitan City Facility Management Corporation, the Defendant paid KRW 530,00,000 to D, KRW 120,000,00 to E, KRW 40,000,000 to G, and KRW 200,000 to G.
On October 31, 2013, Defendant, D, and E performed compulsory execution (hereinafter “instant compulsory execution”) that seizes each movable listed in the separate sheet (hereinafter “each movable of this case”) in the Incheon District Court No. 2013No. 11019 based on the executory exemplification of the above judgment.
[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 7, the purport of the whole pleadings
2. According to the facts of the judgment on the claims of the plaintiff future white years and the succeeding intervenor A, the movables listed in the attached list 1 through 79 are of the plaintiff A.