1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 2, 2017, the Plaintiff was sentenced to partial winning rulings that “C Union shall pay to the Plaintiff 76,948,040 won and the amount calculated by applying each rate of 5% per annum from April 25, 2012 to June 2, 2017, and 15% per annum from the next day to the date of full repayment,” which was brought against C District Land Readjustment Project Association (hereinafter “C Union”), and the above rulings became final and conclusive around that time.

B. On December 4, 2017, the Plaintiff, based on the foregoing judgment, issued a seizure and collection order (hereinafter “instant collection order”) against the Defendant, a third party obligor, pursuant to the land substitution confirmation protocol as of October 24, 201, with respect to the claim for land substitution and liquidation collection (hereinafter “claim for land substitution and liquidation collection”) against “102,090,602 out of KRW 474,098,750, 750, which was issued by the Incheon District Court on December 4, 2017, and the above collection order was served on the Defendant on December 20, 2017.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, and 3 and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion is obligated to pay to the plaintiff the collection amount of KRW 108,68,079 and the delay damages for the collection according to the collection order of this case.

B. In full view of the overall purport of the pleadings in the statement No. 1 of the judgment, the following facts are acknowledged: (i) C Union had 493,256,250 won against the Defendant, i.e., land substitution liquidation collection bonds, and (ii) thereafter C Union received a loan of KRW 8 billion from the Korea Savings Bank Co., Ltd. (hereinafter “Korea Savings Bank”) and the Gyeonggi Savings Bank Co., Ltd. (hereinafter “K Savings Bank”) around February 9, 2012; and (iii) transferred all of the above land substitution liquidation collection bonds and KRW 493,256,250 to the Korea Savings Bank and the Gyeonggi Savings Bank; and (iv) thereafter, it is recognized that C Union has notified the Defendant of the above assignment of claims.

According to the above facts, the collection order of this case is subject to the collection order.