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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On September 9, 2016, the Plaintiff: (a) obtained a decision on provisional seizure of claims against C (hereinafter “the provisional seizure order of this case”) against “the amount of KRW 96,577,390 out of the monthly rent to be paid by the debtor C pursuant to the lease agreement of the third floor, 9,57,39, and the said provisional seizure order was served on the Defendant on September 13, 2016, Incheon District Court 2016Kadan4789 (hereinafter “C”); and (b) on September 13, 2016, the provisional seizure order of this case was served on the Defendant.
B. On October 31, 2017, the Plaintiff, based on the enforcement title with respect to C, received a provisional seizure of “the KRW 59,983,907, out of the rent to be paid monthly by the debtor C pursuant to the lease agreement of the 9th and the 10th and 13th and upper floors of the instant building owned by the debtor C against the Defendant Defendant,” and received the said collection order (hereinafter “the instant collection order”). The said collection order was served on the Defendant on November 3, 2017.
C. On July 17, 2014, E Co., Ltd. (hereinafter “E”) concluded a lease agreement with the owner of the instant building, F, the lien holder of the instant building, C, the trustee of the instant building, and the trustee of the management of the instant building by E and F, who became a joint lessee, on which the Defendant entered into a joint lessee agreement on the lease of part 9, 10, 11, 12, and 13 of the instant building (hereinafter “the instant lease agreement”), and the specific terms and conditions of the said agreement are as indicated in the “lease agreement”.
Meanwhile, the Korea Deposit Insurance Corporation of G Co., Ltd. (hereinafter “Korea Deposit Insurance Corporation”) issued a collection order for the attachment and collection of claims against 4,214,596,163 won among the rental fee claims that E received each month under the lease agreement between 10 to 13th floor of the instant building owned by the Seoul District Court on April 23, 2015, based on the enforcement title against E.