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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by each person;
Reasons
1. Determination as to the cause of claim
A. On May 12, 2011, Nam Young Construction Co., Ltd. (1) obtained a decision to commence rehabilitation procedures as the Gwangju District Court 2011 Gohap12 on May 12, 201, and the Defendant was appointed as a joint manager of Nam Young Construction by the above rehabilitation court (hereinafter referred to as “the Defendant”) and was not divided between the Nam Young Construction and the Defendant.
(2) Around April 3, 2013, the Defendant and the Korea Agricultural and Fisheries University Relocation Construction Contract (hereinafter “instant construction contract”). Around April 3, 2013, the Defendant and the Defendant entered into a contract for the construction of file construction works (hereinafter “instant construction contract”) with respect to the file construction works among the relocation construction works of the Korea Agricultural and Fisheries University (hereinafter “instant construction contract”).
3) On June 19, 2013, the Plaintiff: (a) was issued a provisional seizure order with the claim claim against the rent claim from the Incheon District Court 2013Kadan9006; and (b) was served on the Defendant at that time the said order was served; (c) on October 17, 2013, the Plaintiff filed a lawsuit claiming the rent for the mid-term development with the Defendant; and (d) on October 17, 2013, the appellate court (Seoul District Court 2013Na3829) rendered a final judgment ordering the Plaintiff to pay 6% per annum from August 17, 2013 to June 17, 2014 to the next day; and (c) on June 208, 2014, the said judgment became final and conclusive to order the Plaintiff to pay 27,000,000 won per annum and 20% per annum from the next day to the day of full payment.
5) On November 27, 2013, the Plaintiff: (a) transferred the above provisional seizure to the seizure; (b) seized the remainder of KRW 2,130,684 out of the instant construction cost claims; and (c) seized the claims and the collection order (hereinafter “instant collection order”) that allows the Plaintiff to collect the seized claims (hereinafter “instant collection order”).
The above order was served on the defendant around that time.