The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

[Claim]

1. Facts of recognition;

A. On December 11, 2002, with respect to the provisional attachment and the change in ownership of real estate (1) the ownership transfer registration was completed in the Plaintiff’s future on December 11, 2002, and on July 10, 2007, the provisional attachment in the Defendant’s name (hereinafter “the provisional attachment”) was completed on the claim amounting to KRW 15,597,112.

(2) On December 22, 2005, the Plaintiff concluded a sales contract to sell the instant real estate in KRW 1 billion with E (hereinafter “E”) and completed the registration of ownership transfer on November 2, 2007 with respect to the instant real estate. However, E did not pay the remainder KRW 20 million with the payment of KRW 980 million out of the purchase price on December 22, 2005.

B. (1) The Defendant filed an application against the Plaintiff for a payment order (Cheongju District Court Decision 2008Ka478, hereinafter “instant payment order”) seeking payment of the amount of the secured claim (15,597,112 won and damages for delay against the Defendant’s joint and several surety obligation against the Defendant’s E) of the secured claim amount of the instant provisional attachment (15,597,112 won and damages for delay). The payment order was finalized on August 22, 2008.

(2) In the lawsuit of demurrer against the Defendant (Cheongju District Court Decision 2018Da10028, Cheongju District Court 2018Na10028, and Cheongju District Court 2018Na10242), there was a final judgment denying compulsory execution based on the instant payment order on the ground that the Plaintiff’s joint and several liability against the Defendant was fully extinguished.

C. On October 17, 2008, Cheongju District Court rendered a voluntary decision on the commencement of auction and distribution (1) on the instant real estate, the decision on the voluntary commencement of auction had been rendered through the same support G on October 29, 2008.

(2) In the distribution procedure of each of the voluntary auctionss (hereinafter “instant distribution procedure”), the Defendant, as a person holding a provisional seizure, received dividends of KRW 3,469,279, and KRW 12,127,833 on October 15, 2009, respectively, as a person holding a provisional seizure.

(q) the remainder;