1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On July 2, 2013, the Defendant filed a claim for return of loan (hereinafter “previous lawsuit”) with the Plaintiff on July 2, 2013 with the Seoul Western District Court Decision 2013Ra26060, stating that “The Plaintiff is obligated to pay the Defendant KRW 50,000,000 and the delayed payment on January 31, 201, because the Defendant leased KRW 50,000 to the Plaintiff on November 30, 201.”

[A] The Defendant filed a prior suit. In filing the prior suit, the Defendant filed the Plaintiff’s address with the Gyeonggi-si D, and the “F point 4 (G points in Songpa-gu Seoul E” (hereinafter “the place of delivery of the prior suit”).

2) Each of the statements in the preceding suit was sent to the place of delivery of the preceding suit, and the copy and original copy of the complaint among them were received by Ha, and the first date of pleading notice by Ha, and I respectively.

On August 28, 2013, the above court rendered a judgment to be deemed as having accepted all the Defendant’s claims against the Plaintiff on the grounds of Article 208(3)2 of the Civil Procedure Act (hereinafter “the judgment of the first instance court in the prior suit”).

B. 1) On October 31, 2014, the Defendant, based on the judgment of the first instance court of the Jeonyang-gun, Yangpo-gun, the Plaintiff owned (hereinafter “instant real estate”) and 760/1,521/1,00 of the building and its ground, JT land, and 345 square meters, which are owned by the Plaintiff (hereinafter “instant real estate”).

2) As to the Suwon District Court Branch K K (hereinafter “instant compulsory auction”)

(2) On November 19, 2014, the Plaintiff filed an appeal to suspend compulsory execution on June 8, 2015 against the judgment of the first instance court in the Seoul Western District Court as Seoul Western District Court 2014Na6774 on November 19, 2014.

On June 9, 2015, the above court decided to suspend compulsory execution with the purport that "the compulsory execution based on the judgment of the court of first instance shall be suspended until the judgment of the appellate court is pronounced" on the condition that deposit of KRW 76,00,000 in cash.