1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On July 26, 2018, the Plaintiff filed an application for compulsory auction against the F apartment and G (hereinafter “instant apartment”) owned by Guro-gu Seoul Metropolitan Government (hereinafter “E”) and rendered a decision to commence compulsory auction with the Seoul Southern District Court C.

(B) The decision to commence the auction of the apartment of this case was rendered in duplicate with D in the same court.

Meanwhile, the Defendant obtained a provisional attachment order of KRW 2,860,00,000 for the apartment of this case with the joint and several surety claim against E as the preserved bond, and thereafter filed a lawsuit against E as Seoul Central District Court 2017Gahap11907 (hereinafter “related lawsuit”) and jointly with the Defendant on January 17, 2018 (hereinafter “E”) and jointly with H Co., Ltd. (hereinafter “H”) and the Defendant, as to KRW 3,57,759,658 and 2,200,000 among them, paid the amount calculated at the rate of KRW 20.05% per annum from September 9, 2016 to the day of full payment, and the said judgment became final and conclusive.

B. The Defendant submitted a statement of claim amounting to KRW 1,745,675,938, the sum of principal and interest at the above auction court. In allocating KRW 717,963,443 to be actually distributed on the date of distribution on May 16, 2019, the auction court prepared a distribution schedule stating that KRW 171,766,965, and that KRW 346,784,941 shall be distributed to the Defendant, who is the person having the right to provisional seizure, who is the person having the right to request the auction (hereinafter “instant distribution schedule”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 17, the purport of the whole pleadings

2. The summary of the Plaintiff’s assertion: (a) the Defendant lent KRW 2.2 billion to H; (b) the Defendant jointly and severally guaranteed the said obligation; (c) claimed that he/she was transferred the said obligation from the IF; and (d) demanded the said auction court to make a distribution; and (e) E retired from the office of the representative director on November 10, 2012, immediately after the IF’s loan was executed ( October 30, 2012).