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.

1. Facts of recognition;

A. On May 30, 2005, a district comprehensive construction company (hereinafter “district comprehensive construction”) and a housing reconstruction and improvement project association (hereinafter “instant association”) concluded a sales contract with the Defendant for the purchase price of KRW 150,620,00 with respect to the Incheon Bupyeong-gu C apartment 102 Dong 1506 (hereinafter “instant apartment”) (hereinafter “instant apartment contract”). The contract deposit was concluded by the Defendant on April 12, 2004, the contract deposit was paid in six installments from July 12, 2004 to March 10, 2006, and the remainder shall be paid on December 17, 2006, which is the date of occupancy designation.

B. On December 14, 2006, the instant association completed the registration of ownership preservation for the instant apartment on December 14, 2006, and completed the registration of ownership transfer for the said apartment on December 29, 2006 to the Defendant.

C. On April 19, 2007, a district comprehensive construction filed a lawsuit against the Defendant for the claim for the sale price (In Jincheon District Court 2007Gahap5416) and claimed for the payment of “84,475,949 won and damages for delay for the amount of KRW 75,310,000 among them.” On October 9, 2008, the court rendered a judgment on May 11, 2007 that “the Defendant shall pay 20% interest calculated at the rate of 79,90,402 won and 75,310,000 won among them from May 11, 2007 to the date of full payment” (hereinafter “instant judgment of the first instance”).

After the judgment of the first instance court of this case was rendered, district comprehensive construction transferred 35,000,000 won of the judgment bond of the first instance court to the low-speed LLC and D on October 17, 2008, respectively. The notice of assignment of the credit reaches the defendant on October 28, 2008.

E. Meanwhile, with respect to the claim for the sale price against the Defendant of the comprehensive district construction, or the claim for the judgment of the first instance court of this case, the following order of seizure and collection was issued upon the creditor’s request for the comprehensive district construction:

On the date of issuing the creditor's case number order, seizure and collection amount 1.