A. The defendant's final and conclusive judgment against the plaintiff (1) on June 1, 2007 against the plaintiff on the ground that he lent 40 million won to the plaintiff on August 31, 2003, the defendant filed a lawsuit claiming a loan (Seoul Southern District Court 2007Gadan45122). The above court rendered a favorable judgment on September 21, 2007 that "the plaintiff shall pay to the defendant 40 million won and 18% interest per annum from August 1, 2005 to the day of full payment" that "the plaintiff shall pay 48% interest per annum to the defendant from August 1, 2005 to the day of full payment." This judgment became final and conclusive on November 10, 2007 because the plaintiff did not file an appeal within two weeks.

(2) After the above final judgment was rendered, on December 16, 2015, the Plaintiff filed a subsequent appeal against the said final judgment (Seoul Southern District Court 2015Na26653). However, on April 6, 2017, the said subsequent appellate court rendered a ruling dismissing an appeal on the ground that the period of appeal is inappropriate on the ground that the Plaintiff failed to observe the said final judgment by failing to investigate the progress of the lawsuit, such as failing to report the change of address despite being served with a duplicate of the complaint of the said final judgment, etc. (see Supreme Court Decision 2017Da17856). This became final and conclusive on July 14, 2017, following the final appeal (see Supreme Court Decision 2017Da17856).

B. On the other hand, some dividends against the Defendant were distributed, and the procedure for the auction of real estate (Seoul Southern District Court D) was conducted on the Article 302 of the Gangseo-gu Seoul Metropolitan Government Building C, which is owned by the Plaintiff. On June 1, 2007, the above auction court prepared a distribution schedule that distributes the dividend amount of KRW 40 million to the Defendant, who is the provisional attachment authority, and the said dividend was deposited on June 13, 2007.

C. After the Defendant’s compulsory execution against the Plaintiff, on February 26, 2018, the Defendant applied for a seizure and collection order against the Plaintiff’s national bank, etc. upon the final judgment of the instant case (Seoul District Court Decision 2018Tcheon Branch Office 2018TTB31496), and on March 8, 2018, the Defendant received a seizure and collection order from the above court.

[Ground of recognition] A.1 to 6 evidence of absence of dispute,