1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Basic Facts

The Plaintiff filed a lawsuit for the delivery of movable property against C Co., Ltd. (hereinafter “Nonindicted Company”) with the Seoul Central District Court Decision 2013Da2173, and in the lawsuit above, the judgment of the Seoul Central District Court rendered a judgment that “the Nonparty Company shall pay to the Plaintiff the rent of KRW 10,350,000 and the interest rate of KRW 20% per annum from May 29, 2013 to the day of full payment,” and the above judgment became final and conclusive around that time.

Based on the original copy of the judgment, on September 11, 2013, the Plaintiff: (a) obtained a decision that “the Defendant shall be the third debtor, and the amount of the claim shall be KRW 10,866,082, the Defendant shall be the third debtor; (b) seized the right to request the delivery of the investment certificate against the Defendant of the non-party company; (c) the Defendant shall not deliver the above investment certificate to the non-party company; and (d) shall transfer the seized investment certificate to the Plaintiff; and (e) the right to request the delivery of the seized investment certificate to the Plaintiff” (hereinafter “instant decision”); and (e) the instant decision was served on the Defendant on September 13, 2013.

On July 29, 2014, the head of Masan District Tax Office issued a notice to the Defendant that the non-party company should seize 260 shares of the non-party company to the defendant. The notice was reached around that time.

On June 7, 2016, the director of the tax office requested the Defendant to deliver the investment certificates, and on July 5, 2016, the Defendant handed over the 92 share of the investment certificates of the non-party company (hereinafter “instant investment certificates”).

The Korea Asset Management Corporation delegated by Musan Tax Office to carry out a public sale of the said investment certificates, and the said investment certificates were sold to third parties on September 26, 2016 in KRW 81,570,000.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3, 14, Eul evidence Nos. 1 through 4, the plaintiff asserted the purport of the whole pleadings, and the plaintiff was ordered to request and seize the right to request and order a transfer of the investment certificate, which is served on the defendant.