The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On August 16, 2016, the Plaintiff filed a loan lawsuit of KRW 500 million against G and sentenced to dismissal at the first instance court. However, from the appellate court of Seoul High Court 2017Na2071902, the Plaintiff was sentenced to the judgment that “G shall pay to the Plaintiff KRW 250 million and delay damages.”

(B) Since the appeal of G was dismissed, the above appellate judgment became final and conclusive as it is).

After that, on November 11, 2018, the Plaintiff filed an application for a compulsory auction on the real estate owned G with the Gangnam District Court of Chuncheon on the basis of the above appellate judgment.

Meanwhile, on December 15, 2017, the Defendant filed an application for provisional seizure of the said real estate owned by G with the loan certificate (the specific form is as shown in the attached Form; hereinafter the same shall apply) issued by G on February 15, 2017, on December 18, 2018, and received a decision of provisional seizure on January 2, 2019.

After February 19, 2019, the decision to commence the above compulsory auction was made on February 19, 2019 and the auction procedure was in progress, and a part of the above judgment amount was distributed to the Plaintiff on the date of distribution on November 21, 2019, in part, to the Defendant.

C. On April 24, 2019, the Defendant applied for a payment order against G to the effect that “G shall pay KRW 50 million to the Defendant and delay damages” on April 29, 2019, by filing an application for payment order claiming payment of KRW 50 million on the loan certificate in this case with the Seocho District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Office 2019 tea97, and the said payment order became final and conclusive around that time.

On the other hand, on December 13, 2018, the Plaintiff issued a seizure and collection order with respect to the acceptance compensation claim against each GNN on December 19, 2019 by the court of the same jurisdiction as the 2018 Y branch court of the Chuncheon District Court of 2018 TY 22471 and December 31, 2018, and the Defendant issued a seizure and collection order with respect to the expropriation compensation claim against each GNN on December 19, 2019.

After January 7, 2020, the Korea Rail Network Authority deposited the expropriation compensation.