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1. Revocation of the first instance judgment.
2. The District Court C Distribution Procedures drawn up by the above Court on February 22, 2018.
Reasons
1. Facts of recognition;
A. On November 3, 2011, the Plaintiff’s attachment 1 of the Plaintiff’s investment certificates for the E-Mutual Aid Association of D Co., Ltd.: (a) on November 3, 201, the Plaintiff was changed to F Co., Ltd.; and (b) on May 13, 2011; (c)
hereinafter referred to as “D”
(2) On August 22, 2012, “D shall pay to the Plaintiff the amount calculated by the rate of 25% per annum from July 1, 2011 to the date of full payment” (hereinafter “final judgment of this case”) by filing a lawsuit claiming a loan against D (hereinafter “final judgment of this case”).
(2) On September 20, 2012, upon the sentence of Eul, the Plaintiff was ordered to seize the investment certificates D with respect to the E-Financial Cooperative (hereinafter “instant investment certificates”) on October 22, 2017, with the amount of KRW 253,58,406, based on the final judgment of the instant case, the Plaintiff was issued a seizure order on the investment certificates D with respect to the E-Financial Cooperative (hereinafter “instant investment certificates”). The said seizure order was sent to the E-Financial Cooperative on October 25, 2017, and to D on February 21, 2018, respectively.
(The District Court 2017 Other 15290). (b)
D’s attachment 1) On May 16, 201, H drafted a notarial deed recognizing the compulsory execution against the Promissory Notes set forth below as a representative of D on May 16, 201 (No. 346, 347, 201; hereinafter referred to as “No. 1 and 2 Promissory Notes 1 and 2.
(1) As to the Plaintiff’s Promissory Notes and KRW 220 million in face value, issuance date on November 30, 2010, and Promissory Notes as the Defendant (hereinafter “instant Promissory Notes”)
(2) The issuer D and face value 130 million won, issuance date April 22, 2011, and promissory notes constituting the Defendant (hereinafter “second Promissory Notes”).
(2) On April 7, 2017, based on the authentic copy of the authentic deed of the Promissory Notes Nos. 1 and 2, the Defendant was issued a seizure order against the instant investment certificates (hereinafter “instant seizure order”) with the amount of KRW 238,591,444, based on the authentic copy of the authentic deed of the Promissory Notes No. 1 and 2, and against the said investment certificates.