1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On March 12, 2014, the Plaintiff and the Defendant entrusted D’s notary public belonging to the Suwon District Public Prosecutor’s Office with the preparation of an authentic deed of debt repayment contract (hereinafter “notarial deed of this case”) to the effect that “the Plaintiff, as of March 12, 2014, recognized that there was an obligation of KRW 97,416,00,00 as the price of goods to be paid to the Defendant as of March 12, 2014, shall be fully repaid on April 30, 2014; and if the Plaintiff fails to perform a monetary obligation under this contract, it shall be immediately recognized that there is no objection even if compulsory execution is performed.”

B. On the basis of the instant notarial deed around 2014, the Defendant filed an application for compulsory auction of real estate owned by the Plaintiff, including the area of 306 square meters, before Sejong Special Self-Governing City E, with the Daejeon District Court F, and received a decision to commence a compulsory auction of

(hereinafter referred to as the "Procedure for Compulsory Auction of Real Estate in this case" according to the above decision of commencement.

On April 21, 2017, G of the Defendant representative director G received the request from the Plaintiff on April 21, 2017, and “the Defendant would withdraw the case of Daejeon District Court if the Plaintiff and the representative director H pay the amount of KRW 97,00,000 to April 30, 2017: Provided, That if the payment is not made within the said date, the said confirmation of fact shall be null and void (hereinafter “instant confirmation”).

On July 4, 2017, the Defendant submitted a bond statement stating the total amount of KRW 97,416,00, interest KRW 78,93,640, the total amount of KRW 6,93,610, and KRW 183,283,250.

E. On the date of distribution held on July 27, 2017, the auction court distributed KRW 176,349,640 to the Defendant, and distributed to the Plaintiff the surplus of KRW 76,71,233 to the Plaintiff. The Plaintiff appeared on the said date of distribution and distributed the amount of KRW 78,93,640 out of the Defendant’s dividend amount.