A. The defendant is a partnership prescribed in Article 6 of the former Land Readjustment Project Act (amended by Act No. 6252 of July 1, 2000), and the plaintiff is a member of the defendant.

B. Around October 2011, the Defendant imposed a disposition on the Plaintiff to collect the liquidation money for replotting, and around February 2014, the Defendant commissioned the head of Jung-gu Incheon Metropolitan City to collect the liquidation money for replotting.

The head of Jung-gu Incheon Metropolitan City rejected the defendant's commission of collection on February 26, 2014.

C. On September 3, 2014, the Defendant filed an application with the Plaintiff for the payment order of the above substitute lot settlement money with the Incheon District Court 2014 tea306 amount collected, and on September 4, 2014, the said court issued the payment order (hereinafter “instant payment order”) stating that “The Plaintiff shall pay to the Defendant the amount of KRW 76,722,800 and the amount calculated by the rate of 15% per annum from October 25, 201 to the delivery date of the original payment order, and the amount of money calculated by the rate of 20% per annum from the next day to the date of complete payment” (hereinafter “instant payment order”). The said payment order was served on the Plaintiff on September 6, 2014, and was finalized on October 1, 2014.

However, as of July 16, 2012, the High Industrial Engineering Co., Ltd. (hereinafter “the instant collection order”) issued a seizure and collection order against “401,000,000 won out of the land substitution settlement money to be collected by the Plaintiff,” the debtor and the third debtor as the Plaintiff. The said collection order was served on the Plaintiff on July 19, 2012.

In addition, on March 17, 2014, as the Incheon District Court Decision 2014TTT8186, the Defendant and the third obligor were the Plaintiff, and the Defendant was issued a seizure and collection order (hereinafter “instant collection order”) against “93,604,350 won out of the land substitution settlement money to be collected by the Plaintiff from the Plaintiff.” The instant collection order was served on the Plaintiff on March 20, 2014.

[Reasons for Recognition] Evidence Nos. 1 through 5, Evidence No. 1, and the purport of the whole pleadings

2. The assertion and judgment

A. The above facts of recognition are examined.