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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Facts of recognition;
A. Deposit 1) Urban Environment Improvement Association C (hereinafter “Inward Association”)
() On December 12, 2019, on the ground that the seizure of D’s compensation claim of KRW 575,161,500 (“D”) competes with respect to D’s compensation claim of KRW 575,161,50 (hereinafter “D”), as indicated below, Article 40(2)4 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor; and Article 248(1) of the Civil Execution Act, Article 248(1) of the Gwangju District Court’s Act (hereinafter “instant deposit”).
(1) On December 2, 2019, Gwangju District Court Decision 2019TTY 2019TY 50653 decided October 3, 2019: (a) on December 2, 2019, Gwangju District Court Decision 172,246,250 won/delivery D’s claim amount; (b) on October 3, 2019, Gwangju District Court Decision 273,730,042 won/service date of delivery; and (c) on December 29, 2019, the Association reported the distribution procedure under Article 28(4) of the Civil Execution Act (hereinafter “Seoul District Court”) to the Plaintiff obligor E’s claim amount, the Plaintiff obligor, the provisional seizure obligee, the creditor company, the creditor company, the creditor company, the 2730,042 won/service date; and (d) on November 29, 2019, the Plaintiff Association reported the instant distribution procedure under Article B(4) of the Civil Execution Act).
B. The Plaintiff’s claim, etc. 1) filed a lawsuit against D with the Seoul Central District Court No. 2013Da293841, Apr. 25, 2014, the said court rendered a judgment in favor of the Plaintiff that “D shall pay to the Plaintiff the amount calculated at the rate of KRW 98,00,000 and the interest rate of KRW 21% per annum from September 26, 1997 to the date of full payment.” The said judgment became final and conclusive on May 17, 2014. (2) The Plaintiff became final and conclusive on January 10, 2020 by the Gwangju District Court No. 2020 Ta50418, Jan. 10, 2020; the obligor D, and the garnishee’s jurisdiction under the jurisdiction of the Republic of Korea; hereinafter the same shall apply.