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1. The judgment of the court of first instance is modified as follows.
The Suwon District Court of the lawsuit of this case H. The Suwon District Court of this case
Reasons
1. Basic facts
A. I’s claim for payment of deposit money to the Republic of Korea 1) On November 30, 2006, the Plaintiff: JJ 217.2m2m2 and its ground (hereinafter collectively referred to as “instant real estate”); and the above ground buildings are the instant building.
(2) On May 23, 2013, the Plaintiff filed a lawsuit claiming ownership transfer registration on the ground of sale and purchase of the instant real estate with the Suwon District Court Branch Decision 2012Gahap4531, Jun. 23, 2013.
On January 8, 2014, I appealed as Seoul High Court 2013Na37007, and the above court rendered a judgment that "I shall receive KRW 338,000,000 from the Plaintiff, and at the same time, upon receiving the payment from the Plaintiff, I shall implement the procedure for ownership transfer registration for the instant real estate on November 30, 2016 to the Plaintiff."
I filed an appeal with the Supreme Court Decision 2014Da10489 against the above appellate judgment, but was sentenced to the dismissal of the appeal on May 19, 2014.
3) On July 3, 2014, the Plaintiff deposited KRW 338,00,000 according to the above judgment with I as the principal deposit, for the reasons of the Plaintiff’s refusal of receipt by I, as the principal deposit (i.e., the right to claim the payment of the deposit that I had on deposit) (i.e., the right to claim the payment of the deposit that I had on deposit.
(B) B. (1) Defendant B applied for a payment order against I to the effect that “Defendant B lent KRW 50,000,000 to I on September 7, 2010,” and received the order on February 5, 2014, and the said order was served on I and confirmed on February 25, 2014.
Defendant B filed an application with the above court for the attachment and assignment order of the claim amounting to KRW 54,937,628 of the amount claimed under the above court No. 2014TT 11095 regarding the claim for payment of the deposit of this case based on the executory payment order with the above executory payment order against I.