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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On February 15, 2015, the Plaintiff leased E and F (hereinafter “instant real estate”) from D with the lease deposit of KRW 30 million, monthly rent of KRW 1 million, and the lease period from March 2, 2015 to March 1, 2017.
B. On May 27, 2016, G Co., Ltd. (hereinafter “G”) received a provisional attachment order against the debtor D and 3 debtors A (the Plaintiff of this case) with respect to the claim amounting to KRW 50,000,000, the claim amounting to KRW 2016Kadan60806, Seongbuk-nam Branch of the Suwon District Court as the claim amounting to KRW 201,000,000 against the Plaintiff of this case.
C. On October 24, 2016, the Defendant issued a seizure and collection order against the obligor D and the garnishee A (the Plaintiff in this case) with respect to the claim amount as KRW 55,755,507 against the Plaintiff in this case, which is KRW 55,75,507, under the Sungwon District Court 2016 Sungnam Branch Branch 20191.
Based on the above order of seizure and collection, the Defendant filed a lawsuit against the Plaintiff and D for the claim for delivery of building, etc. as the Suwon District Court Branch Branch of 2017Gadan455, and the above court rendered a judgment on November 10, 2017 (hereinafter “instant related judgment”) as follows, and the above judgment became final and conclusive around that time.
1. Defendant D delivers Defendant A “Hanam-si E and F”.
2. Defendant A (the Plaintiff of this case) paid KRW 30,000,000 to the Plaintiff B (the Defendant of this case) simultaneously with the delivery of the above real estate from Defendant D.
3. The costs of lawsuit shall be borne by the Defendants.
4. Paragraph 1 can be provisionally executed.
E. On April 16, 2018, the Plaintiff deposited KRW 15,357,020 (15,357,020) (15,357,020) with Sungwon District Court Sung-nam Branch of 2018 (hereinafter “the deposit of this case”) and deposit KRW 15,357,020 remaining after deducting the lease deposit deposit amount of KRW 30,000 (2,42,980), which the Plaintiff should return to D from the deposit deposit amount of KRW 30,000 (30,000) due to the combination between the Defendant’s seizure and the provisional seizure.