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1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the defendant;
purport, purport, ..
Reasons
1. The following facts, such as the confirmation of the judgment subject to a retrial, are apparent or apparent in records in this court:
On July 14, 2014, the Defendant filed an application with the Plaintiff for provisional disposition on the implementation of the procedures for the reappointment of an assistant professor at C University established and operated by the Plaintiff (Seoul District Court 2014Kahap3064; hereinafter “instant provisional disposition”). On January 6, 2015, the court shall complete the said procedures by June 30, 2015, commencing the procedures for examining the appointment of an assistant professor against the Defendant by April 30, 2015. If the Plaintiff fails to initiate the said procedures by April 30, 2015, the court did not complete the said procedures from May 1, 2015 to June 30, 2015, and did not complete the said procedures until June 30, 2015, and paid the Defendant a settlement recommendation by either 150 won or less per day until the aforementioned procedures are completed (hereinafter “reconciliation recommendation”).
B. On the ground that the Plaintiff did not implement the procedure for review of reappointment, the Defendant applied for a seizure and collection order as to the Plaintiff’s deposit claim against D, a claim amounting to KRW 250,000,000,000 from December 17, 2015 (Seoul District Court 2017TTTTTTTE 9239). On June 27, 2017, the Defendant received a seizure and collection order with the same content as the Defendant’s above application, and accordingly collected KRW 250,000,000 from D on June 30, 2017.
C. The plaintiff filed against the defendant as Daegu District Court 2017Gahap205008, and the plaintiff implemented the procedure for review of reappointment within the time limit. Thus, compulsory execution based on the decision of recommending reconciliation of this case shall be denied, and the defendant shall return 2.5 billion won of indirect compulsory execution already seized and collected as above.