1. The plaintiff's claim is dismissed.

2. This Court was made on April 21, 2016 with respect to cases of suspending compulsory execution.

1. Facts of recognition;

(a) Mediation of a case claiming service charges, etc. of Daejeon High Court 2010Na2412;

1. C and D shall be jointly and severally paid KRW 90 million to Co., Ltd. (the defendant in this case) until May 31, 201, and if delay in the payment of the above amount, plus an amount equivalent to 20% per annum from June 1, 2011 to the date of full payment.

2. If C and D fail to pay the amount set forth in paragraph 1 by July 31, 201, it shall be jointly and severally paid to C and D, instead of the amount set forth in paragraph 1, 10 million won, 5% per annum from September 8, 2008 to June 1, 2009, and 20% per annum from the next day to the date of full payment.

On March 25, 2011, the Defendant filed a lawsuit against C, as the Cheongju District Court 2009Kadan14722, and the Daejeon High Court 2010Na2412, the appellate court of the instant case, prepared a protocol of mediation between the Defendant and C and the Intervenor D as follows.

B. At the request of the Defendant, the distribution schedule was prepared to distribute the amount of KRW 50 million to the Plaintiff, who is a mortgagee, to the Plaintiff, who is a right to collateral security in the real estate auction procedure conducted by the Cheongju District Court for the Cheongju-gu E apartment F, Young-gu, Chungcheongnam-gu, Chungcheongnam-gu.

C. The Defendant asserted that the Plaintiff is a false creditor and filed a lawsuit of demurrer against the distribution with the Cheongju District Court 201Gadan28779 against the Plaintiff.

On March 21, 2012, when the lawsuit of demurrer against distribution was in progress, the Plaintiff promised to receive the dividend amounting to KRW 50 million from the court and pay it to the Defendant. The Defendant withdrawn the lawsuit of demurrer against distribution on the same day.

On March 21, 2012, the Plaintiff applied for the delivery of dividends of KRW 50 million to the Cheongju District Court, but only KRW 17,469,453 due to the seizure of the Plaintiff’s creditor was delivered from the said court. On the same day, the Plaintiff remitted KRW 17,469,453 to the Defendant.