1. The instant lawsuit shall be dismissed.

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

1. Facts of recognition;

A. On November 17, 2006, the Plaintiff: (a) lent KRW 46,000,000 to the Defendant at the interest rate of 10% per annum; and (b) at the interest rate of 18.5% per annum.

B. Under the above loan transaction agreement, the Plaintiff applied for a payment order against the Defendant, the debtor, with this court 2007 tea32028, and on March 23, 2008, the payment order became final and conclusive on May 16, 2007, stating that “the Defendant shall pay to the Plaintiff 46,000,000 won and the amount calculated at the rate of 18.5% per annum from May 16, 2007 to the date of full payment.”

C. Meanwhile, on the other hand, the Plaintiff applied for the auction of real estate rent to Dong Branch Branch B of Busan District Court on December 20, 2010 with respect to the real estate owned by the Defendant, who was a security, based on the above finalized payment order, and seized the said real estate upon receipt of the auction decision on December 20, 2010. The above decision was served on the Defendant on December 22, 2010, and the distribution procedure of the auction of the above real estate was completed on June 19, 20

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, significant facts in this court, purport of the whole pleadings

2. ex officio determination on the legitimacy of the instant lawsuit as to whether the instant lawsuit is lawful, filing a lawsuit for the same claim in the event of a final and conclusive payment order is unlawful as there is no benefit in the protection of rights. However, in exceptional cases where it is obvious that the ten-year extinctive prescription period of the claim based on the payment order has expired, there is benefit in the lawsuit in the event of special circumstances, such as filing a lawsuit for the interruption of extinctive prescription.

According to the above facts, the Plaintiff applied for an auction of real estate on the real estate owned by a person who has pledged his/her property to obtain a loan claim based on the payment order finalized above, and the decision to commence the auction of real estate on December 20, 2010 was made, and the auction procedure was in progress, and the distribution procedure was completed on June 19, 2014.

The plaintiff's defendant under the payment order of this case is subject to the order of this case.