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1. The Defendant’s attachment is based on the executory exemplification of the Seoul High Court Decision 2015Na2061451 Decided January 19, 2018.
Reasons
1. Facts of recognition;
A. The deceased C (hereinafter “the deceased”) died on August 8, 2014, and the deceased’s heir (the appointed party; hereinafter “Plaintiff”) and the appointed party D filed a petition for an adjudication on the inheritance limited authorization on October 24, 2014, and received an adjudication from the Family Court on December 8, 2014.
B. On October 20, 2015, the Defendant filed a lawsuit against the Plaintiff and the Appointor against the Plaintiff (Seoul Central District Court 2014Gahap591983), and rendered on October 20, 2015, a judgment with a provisional execution declaration stating that “The Plaintiff and the Appointor D shall pay each of the Defendant KRW 50 million and the delay damages therefor to the Defendant” (hereinafter “the judgment of the first instance”).
C. On October 27, 2015, the Plaintiff and the Selected filed an appeal against the judgment of the first instance, and filed an application for the suspension of compulsory execution (Seoul Central District Court 2015Kadan30455), and on October 27, 2015, the said court decided that “the compulsory execution based on the judgment of the first instance shall be suspended on the condition that each deposit of KRW 55 million is made as security,” and on October 29, 2015, deposited each of KRW 55 million (Seoul Central District Court 23894, 2015; hereinafter “instant deposit”). D.
On January 19, 2018, the appellate court (Seoul High Court Decision 2015Na2061451) rendered a judgment on January 19, 2018 (hereinafter “instant judgment”) that “the part concerning Plaintiff and Appointor D in the judgment of the first instance shall be modified as follows. Within the scope of the property inherited from the Deceased, Plaintiff and Appointor D shall pay each KRW 50 million to the Defendant and its delay damages (hereinafter “instant judgment”).
The defendant appealed against the above judgment and filed an appeal, but the Supreme Court dismissed the appeal on June 28, 2018.
E. Based on the executory exemplification of the instant judgment, the Defendant filed an application for the seizure and collection order (Seoul Central District Court 2020TTT No. 54), and the said court deposited the instant money against the Republic of Korea of the Plaintiff and the Appointor D on January 15, 2020.