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The plaintiff's claim against the defendants is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. On July 7, 2016, the Defendants filed a lawsuit claiming a loan against the Plaintiff under the Suwon District Court Branch Branch 2016Gahap204208. On May 23, 2017, the said court rendered a judgment that “the Plaintiff shall pay to the Defendant B KRW 150,000,000 and its delay damages, and the Defendant C shall pay KRW 262,30,000 and its delay damages.” The said judgment (hereinafter “the final judgment of this case”) was finalized on June 13, 2017.
B. On March 16, 2017, Defendant B and D obtained a provisional attachment order as to the entire corporeal movables, including the corporeal movables listed in the separate sheet (hereinafter “instant corporeal movables”) by using the loan claim of KRW 200 million against the Plaintiff as the preserved claim, as the Suwon District Court Branch Branch 2017Kadan397 (hereinafter “instant corporeal movables”).
C. On July 12, 2017, Defendant C received the final judgment of the instant case, and filed an application against the Plaintiff for property specification with Sungwon District Court Branch 2017Kao1234 on July 12, 2017. On August 21, 2017, the Plaintiff was concluded as the Plaintiff’s express oath (hereinafter “instant case of application for property specification”); and the Plaintiff submitted a property list excluding the instant corporeal movables in the instant case of application for property specification.
On November 27, 2018, based on the instant final judgment, Defendant C seized corporeal movables on the seized list, including the instant corporeal movables, to the Sungwon District Court Branch Branch Branch F. On November 27, 2018. Based on the instant final judgment, Defendant C seized corporeal movables on the seized list, which included the instant corporeal movables, to the same court G on April 30, 2019 upon the instant final judgment.
E. H Co., Ltd. (hereinafter “H”) against Defendant B and D on March 31, 2017, based on the original copy of the instant provisional attachment order with executory power against the Plaintiff under the Daejeon District Court’s 2017Gadan103456, the Daejeon District Court Decision No. 2017Gadan103456, Apr. 31, 2017 (hereinafter “H”).