1. The plaintiff's claim is dismissed.

2. With respect to cases where this Court applies for the suspension of compulsory execution 2016 Chicago5, Dec. 12, 2016

The Seoul Central District Court 2008Gadan19990 confirmed that there is no obligation to collect money by the final judgment of the Seoul Central District Court 2008Gadan1990.

1. Basic facts

A. On May 6, 2008, C received a claim attachment and collection order (Seoul Jung-gu District Court 2008 Tayang-gu 3079) with respect to D's claim against D with the debtor, the plaintiff as the third debtor, the claim amount of KRW 20 million, and D's claim amount of KRW 20 million. The claim attachment and collection order (a lease contract on the second floor of building in Seoul Jung-gu E), and the plaintiff was served on May 22, 2008.

B. Since then, C filed a lawsuit against the Plaintiff for the claim for collection based on the above collection order (Seoul Central District Court 2008Kadan19990), and on July 23, 2008, the judgment became final and conclusive upon a non-litigation judgment.

(hereinafter “Final Judgment of the previous suit of this case”).

On February 18, 2016, the Defendant acquired a claim based on the final judgment of the instant previous suit from C, and served a notice of assignment of the said claim on March 22, 2016 on the Plaintiff. On April 12, 2016, the Defendant obtained an execution clause for succession and applied for a compulsory auction on the Plaintiff’s real estate owned by the Plaintiff.

(Seoul Northern District Court F). d.

Meanwhile, the Plaintiff filed a subsequent appeal against the final judgment of the instant previous suit (Seoul Central District Court 2016Na29097), but was sentenced to dismissal on September 7, 2016.

[Ground of recognition] Facts without dispute, Gap 3 through 7 evidence, Eul 1 evidence (including paper numbers), the purport of the whole pleadings

2. Judgment on the assertion

A. The plaintiff alleged that he had already transferred the right of lease to G on December 1, 2007, which was prior to the final and conclusive judgment of the previous suit of this case, and thus, the defendant had no claim to collect (D's claim to the plaintiff), but subject to compulsory execution based on the succeeding execution clause based on the above final and conclusive judgment, and therefore, the non-existence of the obligation to collect money based on

In this regard, the defendant has no interest in confirmation because the lawsuit of this case conflicts with the res judicata of the above final judgment.

B. Determination means a judgment in a prior suit in which res judicata has res judicata effect.