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1. The Defendant has the authority to execute the Suwon District Court Branch 2018Kadan496.
Reasons
Basic Facts
Attached Form
same as the reasons for the claim.
[Reasons for Recognition] Facts without dispute, Gap's statements in Gap's 1 through 5 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings
A. Since the lawsuit of demurrer by a third party applies to the execution that covers all property rights, in case where there exists a seizure and collection order against a monetary claim, if a third party, who is not the execution obligor, was de facto impaired due to the above seizure, etc. in the exercise of his/her monetary claim as the true creditor, he/she may file a lawsuit of demurrer against the execution obligee by asserting that such claim reverts to himself/herself.
(see, e.g., Supreme Court Decision 97Da4401, Aug. 26, 1997). The order between the transferee and the executor of the attachment order against the same claim shall be determined by the notification of the transfer of claims with a fixed date and the prior arrival to the third obligor of the attachment order. Thus, the attachment against the same claim by another creditor of the garnishee after the notification of the transfer of claims with a fixed date to the third obligor is invalid.
(Supreme Court Decision 9Da72644 delivered on April 21, 2000, etc.). B.
According to the above facts, the assignment of the claim of this case is not limited to the payment of wages, but limited to the payment of wages, so it is valid, and the decision of provisional seizure as stated in Paragraph (1) of this case is not effective as to the claim subject to the transfer of the claim of this case which
The plaintiff, as a legitimate transferee, is in fact disabled by the provisional seizure of the defendant in the exercise of the claim, the compulsory execution stipulated in Paragraph (1) of the defendant's order shall be dismissed.
C. The defendant asserts that the plaintiff is not the representative of the wage creditor, but the assignment of claims should also be invalidated as a false declaration of conspiracy or revoked as a fraudulent act, but the above evidence and evidence.