1. The instant lawsuit shall be dismissed.

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

Basic Facts

B had the claim to return the lease deposit against C, but as the assignment of claims, seizure, collection order, provisional seizure, etc. conflict with the claims to return the lease deposit, C made a mixed deposit with the Seoul Northern District Court Decision 155,823,840 won in April 14, 2014, as the Seoul Northern District Court Decision 1492 in 2014.

Accordingly, on April 15, 2014, the enforcement court commenced the distribution procedure A.

On July 23, 2014, the Defendant: (a) filed a lawsuit against all interested parties, such as the Plaintiff who is the assignee of another claim; and (b) execution creditors indicated in the deposit certificate; and (c) filed a lawsuit claiming confirmation of the right to receive deposit on March 5, 2015; and (b) rendered a final judgment on March 14, 2015 that “C has the right to claim deposit payment at the rate of 71,769,296 won out of KRW 15,823,840 deposited by the Seoul Northern District Court 2014 No. 1492, Apr. 14, 2014 and KRW 50,00,00 among them and KRW 24% per annum from July 18, 2014 to the date of full payment.” (c) The judgment became final and conclusive around that time.

On March 24, 2016, the court of execution prepared a “part of the distribution schedule” to the effect that the Defendant distributed KRW 92,021,350 to the Defendant in accordance with the purport of the above judgment on March 24, 2016, and that the remaining amount was 64,513,511 won. On the date of distribution implemented on the same day, the Plaintiff raised an objection against KRW 23,342,265 out of the Defendant’s dividends, and filed a lawsuit of demurrer against distribution on March 30, 2016.

【In the absence of dispute over the grounds for recognition, Gap’s evidence Nos. 1, 2, 3, and 7 (including the provisional number), and the purport of the entire pleadings, as asserted by the plaintiff C by the obligor C, on April 14, 2014, deposited the full amount of the obligation to refund the lease deposit to Eul, the transferor of the claim, and thus the Defendant’s claim, the assignee, the assignee, has been fully repaid and extinguished on the same day. Accordingly

Nevertheless, the defendant is on and after the deposit date.