1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. From December 21, 2010, the Plaintiff leased a house of KRW 120 million on a deposit for lease (hereinafter “instant real estate”) from the Nam-gu Incheon Metropolitan City, Seoul, and its ground (hereinafter “instant house”) owned by B, the amount of KRW 177.4m2,00,000,000 of the deposit for lease, and the period of the lease (hereinafter “instant lease”), and around that time, paid KRW 120,000,000 for the deposit for lease on a deposit basis to B.

B. On May 1, 2014, the Plaintiff received the order of lease registration as of December 21, 2010, the lease agreement date, the lease deposit of KRW 120 million, the resident registration date, April 25, 201, the possessor first date, July 4, 2003, and the fixed date of January 3, 201, and completed the above lease registration on May 9, 201.

C. The instant lease agreement was terminated by the Plaintiff’s notice of termination on October 24, 2014.

Accordingly, the Plaintiff filed a lawsuit against B on November 6, 2014, Incheon District Court 2014Kahap12900, and was sentenced to a favorable judgment on March 19, 2015, which ordered payment of KRW 120 million. The said judgment became final and conclusive on April 9, 2015.

On April 1, 2015, the Plaintiff received a decision to commence the auction on the instant real estate from Incheon District Court D based on the executory exemplification of the above judgment. On December 15, 2015, the Plaintiff withdrawn the said request for auction on December 15, 2015.

E. On August 17, 2015, the Plaintiff filed an order with the Incheon District Court 2015Da7299 to pay claims, such as an inheritance division agreement and the repayment of loans due to the nonperformance of the principal and interest repayment agreement, with B, and issued a payment order with the same court on September 9, 2015, stating that “87,732,219 won and the delayed payment amount” and the said payment order was finalized on October 1, 2015.

F. On November 12, 2015, the Plaintiff received a seizure and collection order regarding KRW 87,732,219 from among the claim for expropriation compensation of the instant real estate held by the Incheon District Court No. 2015 Doz. 30757 against the Defendant, based on the original of the above payment order finalized on November 12, 2015.