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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On May 6, 2003, the Plaintiff prepared a notarial deed under a monetary consumer loan agreement of No. 6677 of 2003 (hereinafter “notarial deed of this case”) between D and D, stating that the amount of KRW 169 million shall be paid by the end of December 2003, and that the compulsory execution with respect to the payment obligation shall be recognized by a notary public E-notarial deed of this case (hereinafter “notarial deed of this case”).
B. On September 21, 2006, the Plaintiff executed a compulsory execution (No. 2006No. 4541 of the Changwon District Court) on corporeal movables located in a G store located in the F, which was before the Msan City was integrated into the Changwon-si in 2010, with the claim amount of KRW 10 million against D based on the instant notarial deed. However, the Plaintiff failed to execute the execution on the grounds that the name of the business operator of the instant store became H, as the name of the instant store became H.
C. On October 14, 2008, the Plaintiff received a collection order against H on October 14, 2008, on the ground that the Plaintiff’s claim for the loan under the instant notarial deed was the cause of the claim for the loan, and received the seizure and collection order against H as the garnishee.
(C) The provisional seizure order of corporeal movables of KRW 30,00,000 (Seoul District Court 2008Kadan6847, hereinafter “the provisional seizure order of this case”) was issued and re-execution of corporeal movables in the store of this case (hereinafter “execution of this case”) was conducted after the provisional seizure order of KRW 30,00,00,00 in the claimed amount as preserved claim No. 206. However, it was stated that D’s colon in the store of this case was Defendant B who operated the store of this case at the time, and the name of the store of this case was also Defendant B and its execution was not carried out.
However, on September 1, 2008, Defendant B registered his business in his name, and Defendant C registered his business in his name on October 22, 2008. The Defendants did not operate the store of this case.
The plaintiff is the principal domicile against H in the Changwon District Court 2008Gahap9464, which is the provisional attachment decision of this case.