A. On November 30, 2016, the Defendant filed a lawsuit against the Plaintiff for overdue rent and damages for delay, and the first instance court rendered a judgment that “the Plaintiff shall pay to the Defendant the amount of KRW 21,020,615 and the amount calculated at the rate of 5% per annum from April 15, 2016 to November 30, 2016, and 15% per annum from the next day to the date of full payment” (the judgment of the first instance of this case). The Defendant appealed the Defendant.

B. On April 5, 2017, while the appellate trial was pending, the Defendant filed an application for a compulsory auction for an aggregate building owned by the Plaintiff with the title of execution of the judgment of the first instance court of this case where the sentence of provisional execution was added, and on April 6, 2017, a compulsory auction for the said real estate was commenced.

(C) Ansan District Court Ansan Branch C, hereinafter “Procedure for Compulsory Auction of this case”).

Accordingly, during the appellate trial, the Plaintiff filed an application for the suspension of compulsory execution against the judgment of the court of first instance (U.S. District Court 2017Kadan100172), and deposited KRW 24,500,000 on June 30, 2017 according to the order to provide security upon the above application.

(U.S. District Court Decision 5521, No. 5521, 201 hereinafter referred to as “instant deposit”).

On the other hand, the appellate court dismissed the Plaintiff’s appeal against the judgment of the first instance on April 4, 2018. On the other hand, according to the Defendant’s incidental appeal, the appellate court rendered a judgment that “the Plaintiff shall pay to the Defendant the amount of KRW 900,000 and the amount calculated at the rate of KRW 5% per annum from September 2, 2017 to April 4, 2018, and 15% per annum from the next day to the date of full payment.”

(U.S. District Court 2016Na77971, hereinafter referred to as “instant appellate judgment,” and the above judgments were collectively referred to as “each of the instant judgments.” The above judgments became final and conclusive around that time.

E. On June 7, 2018, the Defendant received a collection order for the attachment and collection of the said final judgment as the executive title, and paid KRW 24,519,264 of the instant deposit.

F. The plaintiff.