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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. The Plaintiff is a special corporation established as a credit guarantee foundation established in Gyeonggi-do under the Regional Credit Guarantee Foundation Act with the aim of facilitating its financing and contributing to the revitalization of the regional economy by guaranteeing obligations of local small enterprises, micro enterprises, etc. which lack security power
B. On April 17, 2013, the Plaintiff filed an application with the Suwon District Court for a payment order against B seeking the advance reimbursement of KRW 15,917,13 and KRW 15,826,243 from the above court to the Plaintiff on July 6, 2011, and KRW 14% per annum from July 6, 201 to April 23, 2013, and KRW 20% per annum from the next day to the date of full payment. The above payment order was finalized on May 8, 2013.
C. B, on December 1, 2006, leased a building D located in Seongbuk-gu, Sungnam-gu (hereinafter “instant real estate”) with a lease deposit of KRW 80,00,000,00, and from February 3, 2007 to February 2, 2009, the lease term of KRW 80,000,000. The Plaintiff was served on the obligor B, third obligor C, E, and provisional attachment of KRW 8,687,50,00 (total amount of KRW 17,350,000) among the lease deposit claims to return the lease deposit with respect to the instant real estate on April 18, 201, the Plaintiff was served on the obligor and the obligor around April 21, 201, with the lease deposit of KRW 201,3206 (hereinafter “instant provisional attachment order”). The aforementioned decision was served on the obligor and the obligor around March 21, 2011.
The Defendant purchased the instant real estate from C and E on April 19, 2016, and completed the registration of ownership transfer on June 10, 2016.
E. On June 19, 2018, the Plaintiff received a claim attachment and collection order (hereinafter “instant collection order”) against KRW 32,538,308, out of the lease deposit refund claims against the Defendant under Suwon District Court 2018T, as Suwon District Court 2018TT 109423. Of them, KRW 17,375,000 from the instant provisional seizure to the original seizure, and the said collection order was issued on July 11, 2018.