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1. Within the scope of the property inherited from the Deceased, to the Plaintiff:
(a) Defendant D: 92,306,372;
B. Defendant B, and .
Reasons
1. Basic facts
A. The Plaintiff raised pigs from the money company located in Sinju-si E (hereinafter “the instant swine company”). On May 29, 2003, F seized pigs in accordance with the Daejeon High Court Decision 98Na6921 against the Plaintiff on May 29, 2003, and on the same day, the Deceased’s double seizure of the said pigs based on the Daejeon District Court’s order for public order for 97 tea 270 against the Plaintiff.
B. On February 4, 2004, G, the Plaintiff’s mother, asserted that the instant swine was owned by G and F, and filed a lawsuit of demurrer against the third party by the Daejeon District Court 2003Gahap185, which was rendered a favorable judgment on February 4, 2004. As to this, F and the Deceased appealed, but the said appeal was dismissed (Seoul High Court 2004Na1675).
C. G filed a lawsuit claiming damages (hereinafter “instant lawsuit”) by the Daejeon District Court 2006Gahap5349, asserting that F and the Deceased suffered damages from unfair seizure, G was awarded a favorable judgment on September 13, 2007 by means of confession for the Deceased, and by means of service for F. As regards the Deceased, the said judgment (Seoul District Court 2006Gahap5369, hereinafter “the instant judgment”) was finalized at that time.
G transferred the above damage claim to the Plaintiff on October 19, 2009, and notified the Deceased and F thereof. F filed an appeal for the subsequent completion of the instant judgment. On August 17, 2011, the Daejeon High Court rendered a judgment in favor of the Plaintiff (Seoul High Court 2009Na8244) that “F would pay to the Plaintiff KRW 68,150,160 and delay damages.” On January 27, 2012, the said judgment in appeal against F became final and conclusive.
E. F filed a lawsuit against the Plaintiff for a loan claim against the Plaintiff under the Daejeon District Court 2009Kadan5172, and at the appellate court ( Daejeon District Court 2012Na5306) set off the F’s loan claim against the Plaintiff and the Plaintiff’s damages claim against F.