1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

In accordance with the main sentence of Article 420 of the Civil Procedure Act, the part concerning “1. Basic Facts” and “2. A. Plaintiff’s assertion” among the grounds of the judgment of the first instance cited in the judgment of the first instance

If the Plaintiff’s standing as a party and the purport of the entire argument is added to the statement in the evidence No. 6-1 and No. 2, the Plaintiff may prepare a transfer contract with the content of transferring the instant execution bond to G on November 26, 2012, and recognize the fact of notifying the fact of the transfer to E, a new construction industry corporation (hereinafter “new construction”) on December 4, 2012.

Based on this, the defendant asserts that the plaintiff is not a legitimate right holder of the execution claim of this case.

However, even if the creditor transferred the claim based on the title after receiving the seizure and collection order based on the title, the transferee becomes final and conclusive as the execution creditor only by obtaining the succession execution clause. If the transferee did not obtain the succession execution clause against the existing title, if the transferor still collects the seizure claim in the status of the execution creditor or withdraws the request for the seizure order.

(See Supreme Court Decision 2005Da23889 Decided February 1, 2008, and Supreme Court Decision 2008Da32310 Decided August 11, 2008). Even if G acquired the instant enforcement claim from the Plaintiff, insofar as it did not obtain the inherited execution clause against the instant collection order, the Plaintiff may continue to proceed with the collection lawsuit, and the Defendant’s assertion to the other purport is rejected.

In order to accept the plaintiff's claim for collection, new construction must be recognized as holding the claim for construction payment against the defendant, because the creditor has the right to claim for collection under his name.

The fact that new construction performed the construction work of this case upon entering into a contract with the defendant is as seen earlier, but through the procedure of appraisal, etc.