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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. In around 2015, the Plaintiff attached a claim for the amount up to KRW 200 million from the Defendant (hereinafter “the instant construction contract”) among the claim for construction price payment that a notary public would receive from the Defendant under a contract with the construction site “H block in Sejong Special Self-Governing City” (hereinafter “the instant construction contract”), and applied for a seizure and order with the entire content that the Plaintiff will substitute for the payment of the seized claim. The Plaintiff’s claim is based on the executory exemplification of the notarial deed No. 1994, 2015, which was drafted by the D Law Firm, to E Co., Ltd. (hereinafter “E”), to the Defendant and F Co., Ltd. (hereinafter “E”), to the third obligor as the Defendant and F Co., Ltd., to the claim amount as KRW 300 million (the claim amount against the Defendant was set as KRW 200 million), to the construction site to be paid from the Defendant.
B. On December 7, 2015, the Daejeon District Court issued a claim attachment and assignment order (hereinafter “instant claim attachment and assignment order”) upon the Plaintiff’s request. On December 9, 2015, the original copy of the instant claim attachment and assignment order was served on the Defendant on December 9 of the same year, and the instant claim attachment and assignment order became final and conclusive on December 24 of the same year.
C. On the other hand, with respect to the claim for the construction price of this case, a provisional seizure order against each claim against the debtor E and the third debtor was issued as follows, and the notice was served to the defendant on each date indicated in the "service date" column below.
On November 24, 2015, the Daejeon District Court 2015Kadan5186 I 121,471,200 on November 24, 2015, Seoul Central District Court 2015 J 307,000, J 2015Kadan812080,000 on November 30, 2015, the date of service of the claim amount by the creditor of the case number 1, Daejeon District Court 2015Kadan52722K on December 3, 2015, the Daejeon District Court 484,152,088, Daejeon District Court 2015Kadan5740,5740,50 L, 208, 205Da40658, Dec. 34, 2015;
The defendant is the Daejeon District Court around 2016.