1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff asserted that D Co., Ltd. (hereinafter “Nonindicted Company”) has a claim for the amount of KRW 350,000,000,000 against D Co., Ltd. (hereinafter “Nonindicted Company”) and filed an application for provisional attachment of KRW 350,000,000 with respect to the real estate listed in the separate sheet No. 2017Kadan669 (hereinafter “instant real estate”) with the Daegu District Court Kimcheon-dong Branch of 2017Kadan669, Nov. 16, 2017.

Based on the above provisional attachment decision, the provisional attachment registration was completed for the real estate in this case on the same day.

On January 31, 2018, in order to cancel the execution of provisional seizure, the non-party company deposited the deposit amount of KRW 350,000,00 from the Daegu District Court Kimcheon-ro 2018Hun152,00,000 (hereinafter referred to as "the deposit money of this case"), and the registration of entry of the provisional seizure was cancelled on February 5, 2018.

B. On February 27, 2018, the Defendant filed an application for a payment order against Nonparty Company seeking payment of loans of KRW 1,871,783,620 and interest thereon, etc. with the Daegu District Court Decision 201Da118, Kimcheon-si, Seoul District Court 2018, and received a payment order identical to the contents of the application from the above court. The said payment order became final and conclusive on March 20, 2018.

Based on the above payment order, the Defendant received a collection order for the claim for the collection of the deposit of this case as KRW 2,202,807,270, based on the amount claimed on April 6, 2018.

C. After the Defendant’s seizure and collection order, the deposit officer of the Daegu District Court Kimcheon Branch, the custodian of the instant deposit, reported the reason for seizure to the Daegu District Court Branch Branch of the Daegu District Court and the distribution procedure (Seoul District Court Branch of the Daegu District Court) was carried out regarding the instant deposit. The said court, on June 25, 2018, deducted the execution cost of KRW 350,077,869 (including interest), which was the date of distribution, from KRW 350,064,546, which was the date of distribution, as to KRW 47,95,237, and KRW 302,069, which was the Defendant, the person holding the provisional seizure right, as the collection authority.