1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. D Co., Ltd. (hereinafter “D”) is a company that engages in waste collection and disposal business, and the F Co., Ltd. (hereinafter “F”) is a company that engages in the final waste disposal business (waste reclamation business).

B. D entered into a waste disposal contract with F on December 27, 2004, and the F made advance payment of KRW 3 billion for the use of the reclaimed land to F. However, F was prevented from using the reclaimed land as it was subject to an administrative disposition such as an order of suspension of use against the landfill in the above land from the original Regional Environment Office on August 3, 2009.

C. Accordingly, on September 15, 2009, D filed an application for provisional attachment against the Defendant for the claim for waste treatment expenses (hereinafter “the claim in this case”) against F (Seoul Central District Court 2009Kadan8957). The provisional attachment order of September 23, 2009 by the above court was served on the Defendant, who is the garnishee on September 28, 2009.

D filed a lawsuit against F on May 18, 2012 against F for the claim for restitution of unjust enrichment on the ground of the cancellation of the waste reclamation land use contract (Seoul Central District Court 2012Gahap41668). On December 11, 2012, the above court rendered a judgment that “F shall pay D KRW 1.95 million and its delay damages.” The above judgment became final and conclusive around that time.

E. On December 10, 2014, the Plaintiff is against D’s F from D.

The claims described in paragraph (1) have been acquired, and February 13, 2017.

Based on the original copy of the judgment stated in paragraph C above.

The provisional seizure order was issued to KRW 183,174,90 of the instant claim, which was provisionally seized by the decision of provisional seizure stated in the Paragraph, by the seizure and collection order to transfer the provisional seizure to the original seizure, and the above seizure and collection order was served to the defendant, who is the garnishee, on February 15, 2017.

F. The amount of the instant claim that F had against the Defendant by the time the above provisional attachment ruling was served on the Defendant is KRW 125,955,555.

[Ground of recognition] Unsatisfy, A No. 1.