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1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The Seoul Southern District Court D distribution procedures case.
Reasons
1. Basic facts
A. On October 30, 2014, the Defendant: (a) received a decision of provisional attachment (hereinafter “provisional attachment”) with respect to the claim amounting to KRW 707,808,219 against the claim amount as to the right to file a claim for ownership transfer registration on the Daegu Suwon-gu E-si and its ground building (hereinafter “instant real estate”); and (b) accordingly, F completed the provisional attachment registration under the Defendant’s name on December 3, 2014, the claim amounting to KRW 707,219.
B. On February 17, 2016, F deposited KRW 707,808,219 (Seoul Southern District Court No. 2016, Feb. 22, 2016) with a deposit of KRW 707,808,219 in order to revoke the execution of the provisional seizure of this case (Seoul Southern District Court No. 847). Accordingly, on February 22, 2016, F made a decision to revoke the execution of the provisional seizure of this case (the same court 2016Ka178), and on February 25, 2016, the additional registration of the provisional seizure of this case was cancelled.
C. Around February 17, 2016, F transferred the right to claim reimbursement of the deposit amount of KRW 707,808,219 to the co-defendant C (hereinafter “C”) of the first instance trial (hereinafter “C”), and F notified the transfer of the instant claim by content-certified mail to the Republic of Korea on February 18, 2016, and the notification was delivered to the Republic of Korea on the same day.
With respect to the instant claim, the Plaintiff received an order of seizure and assignment (Seoul Southern District Court 2016Tho 104601), which was issued on August 25, 2016, with the same claim amount (the same court 2016Tho 105366) as the amount claimed on September 27, 2016, and issued a collection order (the same court 2016Tho 105366), respectively, with the amount claimed on September 27, 2016 as KRW 9,092,495,96) and the collection order (the same court 2016Tho 106406).
E. On December 2, 2016, the Defendant filed a lawsuit against F to claim the payment of the agreed amount of KRW 500 million and delay damages, which falls under the main text of the provisional attachment of this case, and received a judgment of full acceptance on December 2, 2016 (Seoul Southern District Court Decision 2016Da104358, December 22, 2016), and accordingly, on December 30, 2016.