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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The following facts may be acknowledged, either in dispute between the parties or in full view of Gap evidence Nos. 1, 2, 9, 11 through 13, Eul evidence Nos. 4, 5, 7 (including paper numbers), and evidence Nos. 4-2 and 3-3.
The registration of transfer of E’s ownership was completed on October 27, 2003 by the Daejeon District Court, Daejeon District Court No. 80818, which received on September 19, 2003 with respect to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) owned by D, due to the sale on September 19, 203.
B. On September 8, 2011, the Plaintiff filed a lawsuit against E seeking the payment of loans under the Jeonju District Court Branch 2010Gahap2789 and was sentenced to the judgment of the said court that “E shall jointly and severally with G to the Plaintiff at the rate of 175,00,000 won and 12% per annum from May 11, 2004 to the date of full payment.” Accordingly, E appealed appealed as the Jeonju District Court Decision 201Na2642, but the appeal was dismissed on December 6, 2012, and the said judgment became final and conclusive on December 25, 2012.
(hereinafter referred to as “instant final judgment”) C.
On the other hand, on December 23, 2013, the Korea Land and Housing Corporation completed the registration of ownership transfer on the ground of land expropriation with respect to each of the instant real estate, and on December 12, 2013, deposited KRW 116,00,000 out of the total compensation amount of KRW 216,567,620, as a deposit, as securities.
(hereinafter “instant deposit”). D.
On January 28, 2014, the Plaintiff received a seizure and collection order under the former District Court’s Gunsan Branch Branch 2014TT 446 as to the instant deposited claim, with the loan claim against E as the execution bond based on the final judgment of this case. Since it was impossible to execute the collection order as to the instant deposited claim with the above collection order, it is again impossible to execute the collection order as to the instant deposited claim on March 10, 2014.