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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. 전제사실 아래 (상세 내용은 생략) ◎ 채권양도통지 : 피고 1 내지 19, 21 내지 53, 58, D ◎ 가압류, 채권압류 및 추심명령 송달 : 원고 1 내지 3, 7, 피고 53 내지 57, 59 내지 70
1. The depositor was served with the notice of assignment and provisional attachment, claims attachment and collection order as follows with respect to KRW 1,027,012,250 (hereinafter the above claim against Defendant 71’s design) that is obligated to pay to the Defendant 71 who performed machinery and equipment construction work at the site of the new construction of the building E (hereinafter the “instant claim for the construction work”).
2. However, it is doubtful that Defendant 71 transferred a claim to multiple creditors and the effect of transfer is doubtful, and other creditors also claim that the transfer and takeover of a claim is an illegal transfer and a fraudulent transfer due to a fraudulent act and are expected to be disputed among creditors, and further, there is no agreement between the deposited parties and the provisional seizure creditors and the execution creditors, and there is no dispute between them.
3. The depositor constitutes a case where it is difficult to find out that the deposited person, the person holding the provisional attachment, or the person holding the attachment right, without any negligence, is the true right holder of the deposited money, and thus, pursuant to Article 487 of the Civil Act and Articles 291 and 248(1) of the Civil Execution Act in lieu of the payment of concurrent bonds, the depositor shall take into account the circumstances of the deposited person to deposit KRW 1,027,012,250 with the deposited person with respect to Defendant 71, and shall be subject to prior settlement of the deposited amount.
(hereinafter omitted) On December 11, 2012, the design was designated as “Defendant 71 (Transferor), Defendant 1 through 19, 21 through 53, 58, and D (Transferor),” and deposited KRW 1,027,012,250 as Seoul Central District Court 2012, stating the following:
(hereinafter “instant deposit”). D A died on June 14, 2013, and died.