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All of the instant lawsuits are dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Facts of recognition;
A. The Defendant filed a lawsuit against the Plaintiff seeking a loan of KRW 500,000,000 and damages for delay thereof (the Daejeon District Court Branch Decision 2018Gahap308). The said court rendered a judgment on June 22, 2018, stating that “the Plaintiff shall pay to the Defendant 50 million won and the interest calculated at the rate of KRW 15% per annum from January 1, 2018 to March 14, 2018” (hereinafter “instant judgment”). The instant judgment became final and conclusive on July 12, 2018.
B. On March 26, 2020, the Defendant filed an application for a compulsory auction on the Plaintiff’s real estate with the title of execution, and on March 26, 2020, the auction court prepared a distribution schedule with the content that the Defendant, the applicant creditor, shall pay KRW 180,172,379, out of KRW 6,416,470,636, to be actually distributed on the date of distribution of the above auction case [the Daejeon District Court’s Daejeon District Court’s Incheon District Court’s Incheon District Court’s Incheon District Court’s 6,416,470,636, KRW 172,494, and KRW 236,272,49, and KRW 4981, which is the applicant creditor, to the Defendant, who is the owner, the applicant creditor, in the order of 5th order.
C. The plaintiff I raised an objection against the total amount of KRW 651,301,360 against the defendant's dividend on the date of the above distribution, and thereafter filed a lawsuit of demurrer against the distribution of this case on March 31, 2020 before seven days have passed from the date of the above distribution.
On July 16, 2020, when the lawsuit of demurrer was in progress, the Plaintiff submitted an application for modification of the purport and cause of the preliminary claim to the effect that the Plaintiff did not object to a lawsuit of demurrer against the distribution, as the primary claim, limited to the portion exceeding KRW 552,271,252, based on the judgment of the instant case.
【Ground of recognition” has no dispute, Gap evidence 1, Eul evidence 4 and 5 (including a tentative number) respectively.