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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 March 6, 2014, the Plaintiff’s provisional attachment and seizure (1) against C and D, which succeeded to the Plaintiff’s obligation to the Plaintiff, issued a decision of provisional attachment (a total amount of claim: KRW 185,584,594) against C and D’s transfer of the provisional attachment to the principal attachment (a total of claim amount: KRW 185,584,594) on July 17, 2015, the lower court issued a decision of provisional attachment order (a total of claim amount: KRW 34,826,201) against C and D.
(2) On January 29, 2016, the Plaintiff was issued a decision to order the seizure of shares (total amount of claim: KRW 93,741,986) against C and D, which seized shares held by C and D in relation to P&A Co., Ltd. as a court of this Court (hereinafter “201”).
B. On July 14, 2014, the Defendant filed an application for the payment order and provisional seizure against C and D with the content that “A and D, the heir of E, shall be KRW 54,067,376, KRW 368,250, and each of them shall be KRW 559,378, and KRW 369,378, and KRW 20% per annum from July 4, 2014 to the delivery date of the payment order,” and the above payment order order was finalized around that time as C and D did not raise any objection after receiving the above payment order on August 11, 2014.
(2) On July 24, 2014, the Defendant received a decision (total amount of claim: 923,445,626 won) on the provisional attachment of stocks held by the garnishee P&A Co., Ltd. as E’s heir, and issued a decision on the seizure order (total amount of claim: 923,445,626 won) on March 5, 2015, based on the executory payment order order (2014,1363, Gwangju District Court’s Netcheon Branch Branch Branch Branch 2015,15TT1595, the Defendant was issued a decision on the seizure order (total amount of claim: 923,445,626 won) to transfer the provisional attachment to the principal attachment on the basis of the executory payment order (total amount of claim).
C. On December 20, 2016, the distribution procedure is conducted (1) C and D in accordance with the procedure for the simplification of the shares held by P&A against P&A Co., Ltd.