1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. C filed a claim against the Plaintiff and D, including a sales contract, as the High Government District Court Decision 2013Kahap4067, and on April 9, 2014, in the said lawsuit, C filed a claim against the Plaintiff and D, “C shall pay KRW 410,000,000 as well as damages for delay, and D shall jointly and severally pay 380,000,000 out of the said amount and damages for delay,” and the said judgment became final and conclusive on April 30, 2014 (hereinafter “the final and conclusive judgment of this case”).

B. On January 27, 2015, the Defendant applied for the grant of the succeeding execution clause to the final judgment of the instant case as a successor to C, and on the same day, received the succeeding execution clause from the Goyang Branch of the District Court.

C. On the other hand, on August 22, 2005, the Plaintiff completed the registration of creation of a mortgage (hereinafter “instant principal registration”) with respect to the debtor with respect to the land of KRW 37,238 square meters in E, F forest 25,097 square meters in size, G forest 11,891 square meters in size, H forest 28,804 square meters in size, and H forest 28,804 square meters in size, before IJ, 2,582 square meters in size, before J, 1,97 square meters in size, and 724 square meters in K prior to K (hereinafter “instant land”). On September 30, 2015, the Plaintiff transferred the claim amounting to KRW 640,000,000 out of the maximum debt amount secured by the right to collateral security against the instant land to Defendant, C and L.

After that, on October 5, 2015, Defendant C and L completed the supplementary registration of partial transfer of right to collateral security (hereinafter “instant supplementary registration”) regarding KRW 640,00,000 among the principal registration of the instant case due to the partial transfer of confirmed claim amount.

E. On August 3, 2018, the Defendant filed an application for a compulsory auction on the real estate owned by the Plaintiff with the title of execution on August 3, 2018 with the final judgment of this case as the title of execution, and the said court rendered a ruling to commence the auction on August 13, 2018.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, 4, and 5, and the purport of the whole pleadings

2. The plaintiff's assertion should be denied compulsory execution based on the defendant's final judgment of this case for the following reasons.