1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. Lee Construction Co., Ltd. (hereinafter referred to as "Ga Construction Co., Ltd.") conducted the construction of D Building on the land outside Kacheon-si and 4 lots (hereinafter referred to as "the real estate in this case"), and filed a lawsuit against the owner of the real estate in this case with Gwangju District Court 2003Gahap2308, "the owner" was jointly and severally sentenced to the effect that "the owner shall pay D Construction 1,651,363,636 won and 20% interest per annum from September 24, 2003 to the date of complete payment", and the above judgment became final and conclusive as it is.

B. A. On April 9, 2010, A.D. transferred to the Plaintiff construction cost claim, possessory right, lien, etc. equivalent to KRW 350,000,000 out of the winning amount of the said judgment.

C. On August 30, 2011, the Defendant brought a lawsuit against the Plaintiff, who is the lien holder of the instant real estate, and the Plaintiff, who is the lien holder of the instant real estate, filed a lawsuit against the construction of the instant real estate in Gwangju District Court’s 201Gahap4583, and on May 24, 2012, the said court rendered a judgment on May 24, 2012 that “the Plaintiff of this case (the Plaintiff of this case) paid KRW 1,301,363,636, and Defendant A received KRW 350,00,000 from the Plaintiff (the Defendant of this case) and at the same time delivered the instant real estate to the Plaintiff B” (hereinafter “instant judgment”).

The defendant appealed from the Gwangju High Court 2012Na3073, but the above appeal was dismissed on May 8, 2013, and the above judgment became final and conclusive.

On October 18, 2013, the Defendant drafted a written agreement on the waiver of lien and construction cost claims from AD Construction. On June 25, 2014, the Defendant deposited KRW 350,000 for the Plaintiff.

E. The Defendant filed an application for compulsory execution against the name of the instant real estate in accordance with the instant judgment, and the Plaintiff filed a claim for the instant judgment on July 24, 2014, the relevant small Gwangju District Court’s application for objection to the instant judgment.