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1. The judgment of the court of first instance is modified as follows.
The scope of the property inherited from the deceased H(J) shall be limited to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff raised pigs from the money company located in Sinju-si E (hereinafter “the instant money company”). However, on May 29, 2003, F seized pigs within the instant money company based on the Daejeon High Court Decision 98Na6921 against the Plaintiff on May 29, 2003, and H (hereinafter “the deceased”) was also subject to double seizure of the said pigs based on the Daejeon District Court’s official order for Jeju Branch Branching 97 tea270 (hereinafter “the instant payment order”).
B. On February 4, 2004, G, the Plaintiff’s mother, filed a lawsuit of demurrer against F and the deceased by asserting that the swine in the instant money company was its own ownership, and won a favorable judgment on February 4, 2004, by filing a lawsuit of demurrer against the third party under the Daejeon District Court 2003Gahap185. However, the said appeal was dismissed (Seoul High Court 2004Na1675).
C. G filed a lawsuit against F and the Deceased for damages claim of KRW 215,381,536 due to unfair seizure (hereinafter “instant damages claim”) with the Daejeon District Court Decision 2006Gahap5349 (hereinafter “Seoul District Court Decision”) and filed a lawsuit for damages claim of KRW 215,381,536 on September 13, 2007 (hereinafter “instant damages claim”) and the judgment against F became final and conclusive around September 29, 2007 as “the deceased and F jointly and severally agreed on the deceased, and the deceased shall be 215,381,536 won, and the deceased shall be 5% from June 29, 2006 to September 13, 2007, and 200 per annum from September 2, 2006 to September 13, 2007.”
G transferred the claim of the instant damages judgment to the Plaintiff on October 19, 2009, and sent notice of assignment to the Deceased and F.
E. F appealed filed an appeal against the instant judgment on damages, and the Daejeon High Court on August 17, 201 stated that “F shall pay to the Plaintiff KRW 68,150,160, and delay damages.”