The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

1. Basic facts

A. (1) The Plaintiff entered into a contract with the promotion committee to enter into an association with the Plaintiff’s D Regional Housing Association (hereinafter “Promotion Committee”). On September 4, 2017, the Plaintiff paid KRW 5 million to the members of the association, KRW 33 million on September 8, 2017, and KRW 38 million in total.

(2) The Plaintiff, who decided to withdraw from the promotion committee, demanded the return of the contribution paid to the association members, and received a total of KRW 23 million from the promotion committee or the Defendant by March 2, 2018.

(3) The Plaintiff filed a lawsuit against the Promotion Committee against the Seoul Southern District Court 2018Gaso250191. On August 17, 2018, the Plaintiff was sentenced to a judgment that “The Promotion Committee shall pay to the Plaintiff 15 million won and the amount calculated at the rate of 15% per annum from April 6, 2018 to the date of full payment.”

The judgment became final and conclusive as the committee's appeal was dismissed.

B. On December 17, 2018, the Plaintiff received a seizure and collection order (hereinafter “instant seizure and collection order”) with respect to “the amount equivalent to the claim amount out of all the amounts, such as the allotted charges and project expenses, etc. that the Promotion Committee received from the Defendant while running the instant business,” and the said seizure and collection order was served on the Defendant, who is the garnishee, on December 20, 2018.

C. On July 20, 2016, the committee of promotion of the fund management agency contract between the promotion committee and the defendant shall delegate all the fund management duties related to the instant project, including the members’ contributions, to the Defendant for the efficient fund management of the Fund-based regional housing association in Yangcheon-gu Seoul Metropolitan Government, Seoul, for the Housing Association in charge of the main complex construction project implemented by the promotion committee (hereinafter “instant project”).