1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff filed a lawsuit against C as Seoul Southern District Court 2014Gahap114917, and the Defendant participated in the said lawsuit as the Intervenor joining the Defendant.

The plaintiff was sentenced to a judgment against the plaintiff on September 15, 2017 in the above litigation case, and the appellate court (Seoul High Court 2017Na2060803) and the appellate court (Supreme Court 2018Da2856566) rendered a judgment against the plaintiff respectively, and the judgment of the first instance became final and conclusive as it is.

B. The Defendant filed against the Plaintiff as Seoul Southern District Court 2019Kao-10394, supra.

On May 16, 2019, an application was filed for the determination of the amount of litigation costs in relation to the litigation cases entered in the claim, and on May 16, 2019, the above court decided to the effect that “the amount of litigation costs to be repaid by the Plaintiff to the Defendant based on the judgment on the case described in the above paragraph A is KRW 34,689,80,00,” and the said decision was finalized on July 2, 2019

C. The defendant is above August 7, 2019.

A final decision on the amount of litigation costs stated in the port (hereinafter “the final decision on the amount of litigation costs of this case”) was made with the title of execution with respect to the compulsory decision on the commencement of auction (which is the Plaintiff’s real estate) against the Down apartment E (hereinafter “Plaintiff’s real estate”), which is the Plaintiff’s ownership, and the above auction procedure is in progress.

On August 23, 2019, the Plaintiff, by content-certified mail, declared that the Defendant set off the amount set off against the Defendant’s claims on an equal amount with the claim based on the determination of the amount of litigation costs of this case, based on the automatic claim, to the effect that the Defendant would offset the amount of the above loan claims against the equivalent amount of the Defendant’s claim based on the determination of the amount of litigation costs of this case, with the trust fees of KRW 180,000,000,000, which the Defendant agreed to pay for the title trust of six farmlands in the project site G in Osan-si to six persons, including H

[Ground of recognition] without any dispute, entry of Gap's 1 to 5, Gap's 10, and 11, respectively.