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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Basic facts
A. Based on the executory exemplification of the judgment of the Seoul Central District Court 2010Kadan266855, the Defendant filed an application for the seizure and collection order of the claim with respect to the claim for return of unjust enrichment against Ireland Construction Co., Ltd. with the obligor as Seoul East Eastern District Court 2013TTTTTT11430 (hereinafter “Sland Construction”) and the third obligor C and the claim amount as KRW 145,245,479, and received the order of seizure and collection from the above court on July 3, 2013. The above order was served to C around that time.
On November 11, 2014, the Defendant filed a claim for collection against C by Seoul Eastern District Court 2013Kahap105692, and was sentenced by the above court to the effect that “C shall pay to the Defendant the amount of KRW 145,245,479 and the amount calculated at the rate of 20% per annum from April 24, 2014 to the date of full payment.” The above judgment became final and conclusive on November 27, 2014.
B. The Plaintiff, based on the executory exemplification of the judgment in the Seoul East Eastern District Court 2014Gahap6297, based on the executory exemplification of the construction cost case, filed an application for a seizure and collection order with the above court on October 21, 2014 with respect to the claim for return of unjust enrichment against Ireland Construction, a third debtor, C, and a claim amounting to KRW 750,217,807 with the Seoul East East Eastern District Court 2014 Tahap6297, and received a seizure and collection order from the above court. The above order was served to C around that time.
C. On October 27, 2014, the Plaintiff asserted that D had the claim of KRW 750,217,807 under the Seoul Eastern District Court Order 2014TTTT17015, based on the seizure and collection order, and transferred the claim to C, and then notified C of the transfer, and reached C around that time.
C On October 30, 2014, the Seoul Eastern District Court deposited KRW 162,179,798 in accordance with Article 248(3) of the Civil Execution Act and reported the reasons for deposit on the ground of the concurrence of seizure as the Seoul East Eastern District Court No. 3831 in 2014.
(e) The Seoul Eastern District Court.