1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On November 28, 2017, the Defendant received a decision against the Plaintiff that “The amount of litigation expenses that the Plaintiff is liable to reimburse to the Defendant by the judgment in the ownership transfer registration case between the Defendant and the Plaintiff is KRW 10,796,63,00,” and the said decision on December 12, 2017 (hereinafter “instant decision”) became final and conclusive.

B. On April 26, 2018, based on the instant decision, the Defendant received a decision to commence compulsory auction on the real estate owned by the Plaintiff D in this Court.

The decision to commence compulsory auction was served on May 8, 2018 on the Plaintiff.

C. On May 3, 2018, E sent a text message to the Defendant’s Vice-Chairperson C, which read, “A copy of the passbook to receive a remittance of KRW 10,796,633 of the fixed amount of litigation costs” to the Defendant’s Vice-Chairperson C, but the Defendant did not answer.

E sent the same text message to the chairperson of the defendant C on the following day, but there was no answer.

On May 28, 2018, the Plaintiff deposited KRW 10,796,633 of the fixed amount of litigation costs (hereinafter “instant deposit”) with the Defendant as the principal deposit account, based on the fact that “the Defendant refuses to receive KRW 10,796,633 of the fixed amount of litigation costs” in this Court No. 253, May 28, 2018.

E. On the other hand, the defendant is likely to change the final execution cost when considering the amount of stamp 4,500 won, delivery fee 405,000 won, court custody fee 1,000,000 won, acquisition tax 25,900 won, registration application fee 6,000 won, service fee to be returned to the defendant in the future, court custody fee, etc.

A. The expenditure was made.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 5, 11, 12 (including each number in the case of provisional evidence), Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The Plaintiff’s assertion that the instant decision became final and conclusive between the Defendant and the Defendant on December 2017.