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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On May 9, 2014, the Defendant obtained a decision on the provisional seizure of real estate (hereinafter “provisional seizure”) with the claim amounting to KRW 180,00,000,000 as to 16 real estate owned by the Plaintiff, including each real estate listed in the separate sheet (hereinafter “instant real estate”), and completed the execution thereof.
B. On October 31, 2014, Nonparty C drafted a written agreement (hereinafter “instant agreement”) with the Defendant regarding the portion on the instant real estate among the instant provisional seizure, as follows.
C. Foods
1. The defendant shall cancel the above provisional seizure.
2. At the same time, C shall pay 30,000,000 won to the defendant when the defendant cancels the above provisional seizure.
3. Subsequent to the Defendant, the Defendant shall not take any legal measures such as compulsory execution on the instant real estate.
4. C does not take any legal measures that may impair the provisional attachment and recovery of claims of the Defendant against D commercial buildings provisionally seized by the Defendant.
C. On October 31, 2014, the Defendant received KRW 30,000,000 from C, and withdrawn the application for the part concerning the instant real estate among the instant provisional seizure, and rescinded the enforcement thereof.
Although the Defendant filed a lawsuit against the Plaintiff for a loan claim (this Court 2014Gahap3831), this Court dismissed the Defendant’s claim on May 1, 2015, and both the Defendant’s appeal (Seoul High Court 2015Na2027871) and the final appeal (Supreme Court 2016Da208969) were dismissed, and the judgment became final and conclusive.
E. As above, the Plaintiff applied for the revocation of provisional seizure of this case on the ground that the Defendant was ruled against the lawsuit on the merits, and the Seoul High Court revoked the provisional seizure decision of this case on May 16, 2016.
(F) The Plaintiff paid KRW 437,200 to Nonparty E, a certified judicial scrivener in accordance with the instant revocation order, and thereafter, among the provisional seizure of this case.