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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On September 10, 2019, the Defendant executed a seizure of corporeal movables (hereinafter “instant compulsory execution”) on the basis of an executory exemplification of the judgment on the case between the Defendant and C, which was installed inside the first floor of the E-ground factory building (hereinafter “instant movable”).
B. On September 26, 2019, the Plaintiff filed a lawsuit against the Defendant seeking the denial of compulsory execution of the instant movable property (hereinafter “prior lawsuit”) with the purport that “The instant movable property is owned by the Defendant based on an executory exemplification of the judgment with 2018Na216194 rendered by the District Court against the Defendant on September 10, 2019, based on the executory exemplification of the judgment with 2018Na216194 (hereinafter “instant movable property”).
C. On April 3, 2020, C participated in a prior suit as a conciliation intervenor and the conciliation was concluded with the following contents:
prescribed provisions
1. The plaintiff shall pay KRW 3,000,000 to the defendant until April 17, 2020.
However, if the plaintiff does not pay the above amount by the above payment date, the damages for delay calculated at the rate of 12% per annum shall be paid.
2. The Intervenor C shall pay 40,000,000 won to the Defendant up to April 17, 2020.
However, if the intervenor C does not pay the above amount by the above payment date, it shall be paid in addition to the amount calculated at the rate of 12% per annum.
3. A conciliation intervenor C shall pay the Defendant the remainder of 48,000,000,000, excluding paragraph 2 above, which shall be paid in 24 installments from June 2020 to May 202 by 2,00,000 as of the end of each month.
If the defendant fails to comply with the payment of the above installment once, he/she shall lose the benefit of the deadline and immediately pay the balance, and shall pay the balance to the day after he/she loses the benefit of the deadline and complete payment.