1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On January 24, 2007, under the Incheon District Court Decision 2007Kahap211, a non-party company's claim for the sale price of KRW 129,702,515 against D was a preserved right, and as at the time, an application for provisional seizure against real estate was filed against Bupyeong-gu Incheon E apartment No. 1502, 1502 (hereinafter "the apartment of this case"), which was owned by D, and the above court accepted it on January 31, 2007 (hereinafter "provisional seizure of this case"), and on February 5, 2007, the provisional seizure registration was completed.

(However, in the register, KRW 1,317,662,050, which is the aggregate of claims against all debtors who have filed for the same case by the non-party company, is stated as the claim amount of provisional seizure).

On April 19, 2007, the non-party company filed a lawsuit claiming for the payment of damages for delay of KRW 130,261,610 among the costs of KRW 106,70,000 and the damages for delay of KRW 106,70,00 among them. The court of first instance (Seoul High Court 2007Gahap5416) and the appellate court (Seoul High Court 2008Na109632) rendered a judgment in favor of some of the non-party company, but the appellate court (Supreme Court 2010Da29676) rendered a judgment in favor of the non-party company, on the grounds that the non-party company lost the standing to file a lawsuit for the performance of the non-party company due to the attachment and collection order of the non-party company's claims for the payment of the purchase price and the non-party company lost its standing to file a lawsuit for the performance of the contract. On April 20, 2011, D paid the remainder of the claim to the non-party company00.

C. On May 30, 201, D deposited KRW 18,000,000 following the above conciliation on the ground that multiple creditors, such as Full Payment Co., Ltd., deposited KRW 18,000,000, based on the fact that they received a seizure and collection order on the non-party company D’s claim for sale price payment

On the other hand, regarding the claim for the sale price against the non-party company D, the seizure and collection order is issued upon the request of the creditors against the non-party company.