1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. The Plaintiff filed a lawsuit on the claim for lease deposit against D&D Co., Ltd. (hereinafter “D&D”) with the Seoul Southern District Court Decision 2016 tea46030, and held a claim of KRW 140,273,800 based on an executory exemplification of the judgment.

B. On July 10, 2017, the Plaintiff received a seizure and collection order against KRW 162,735,275 of the future proceeds from the sale of trust real estate held by the truster and beneficiary of L&C as the Seoul Central District Court 2017TT, the trustee of the Defendant, as the trustee, and the original copy of the collection order was served on the Defendant on July 14, 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), the purport of the whole pleadings

2. In order for a lawsuit to be lawful for future performance with respect to future claims or conditional claims, the legal and de facto relationship, which serves as the basis of the occurrence of the claim, should exist at the time of the closing of argument, and such status should be anticipated to continue, and the claim should be filed in advance.

(See Supreme Court Decision 95Nu4902, 4919 delivered on November 11, 1997, etc.). Comprehensively considering all the evidence submitted by the Plaintiff, in a situation where the consignment relationship between D&C and the Defendant has not yet been terminated, it is difficult to predict clearly the nature and scope of the claim for recovery out of the proceeds from the sale of trust real estate, and thus, it is deemed that the requirements for future performance have not been satisfied.

3. As such, the instant lawsuit is unlawful and thus, it is so decided as per Disposition by the assent of all participating Justices.