1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

1. Basic facts

A. On April 29, 2016, the Plaintiff and the designated parties filed a lawsuit against Nonparty C seeking damages (hereinafter “instant judgment”) with the Suwon District Court Branch of Sung-nam Branch of 2013da48073, and rendered a judgment that C would pay KRW 50 million to the Plaintiff and the designated parties (hereinafter “instant judgment”).

B. On the other hand, on January 23, 2014, the Plaintiff and the designated parties: (a) placed C as the debtor and Nonparty D as the third debtor; (b) provisionally attached the amount equivalent to KRW 35 million for the right to claim the return of the lease deposit on the second floor 59.67 square meters of the building in attached Table 2 of the Real Estate List No. 3 (hereinafter “instant building”); (c) on December 29, 2016, the instant judgment was issued a collection order (hereinafter “instant seizure and collection order”) for the total amount of KRW 50 million including the main seizure of the said provisional seizure as the title of execution; and (d) received the seizure and collection order (hereinafter “instant seizure and collection order”) on January 25, 2017.

C. On July 12, 2017, the Plaintiff and the designated parties filed a lawsuit against D to claim the collection amount against D around July 12, 2017 (the District Court Decision 2017Da116005). Around June 28, 2017, D received a dismissal judgment on the ground that D’s status was succeeded to the Defendant as a lessor upon the transfer of the real estate listed in the attached real estate list to the Defendant, and D’s obligation to return the deposit was discharged, and the said judgment became final and conclusive around that time.

As of the closing date of pleadings of this case, C occupies the building of this case.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 5, evidence Nos. 8-1 through 12-2, each entry of evidence Nos. 2 and 3, witness D's testimony and the purport of the whole pleadings

2. Summary of the parties' arguments;

A. The Plaintiff received the instant seizure and collection order as to the right to claim the return of deposit, which the lessee C possessed by the Plaintiff as the lessor D of the instant building as the garnishee, and the Defendant thereafter received the seizure and collection order from D.