1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. From May 11, 2016, in Suwon District Court C Real Estate Co., Ltd. (hereinafter “instant auction procedure”), a distribution schedule was prepared to distribute KRW 55,00,00 to D in order of May 3, 2016, KRW 21,152,681, and KRW 6,180,466 to E, who is the applicant creditor, in the order of 6th priority, to E, who is the applicant creditor. (hereinafter “instant distribution schedule”).

B. On May 11, 2016, the Defendant received a collection order for the amount up to KRW 467,152,181 of the dividend that E received from the instant auction procedure held against the Republic of Korea (U.S. District Court 2016TTTT7680; hereinafter “instant seizure and collection order”). The instant seizure and collection order was served on the garnishee of the Republic of Korea on May 13, 2016.

C. E filed a lawsuit of demurrer against D and Plaintiff 2016da52540, Suwon District Court. On July 6, 2017, the said court rendered a judgment dismissing the Plaintiff’s claim against the Plaintiff as to the amount of KRW 55,00,000,000 out of the instant distribution schedule, and KRW 6,180,466, and KRW 61,180,466, respectively.

The above judgment became final and conclusive around that time.

On August 2, 2017, the Plaintiff received a provisional disposition as to KRW 42,563,612 out of the payment claim amounting to KRW 55,00,00 for deposit dividends of KRW 2016,656 from the Suwon District Court in the Republic of Korea as the preserved right to claim a return of unjust enrichment against E (U.S. District Court Decision 2017Kadan516).

E. On February 7, 2018, the Plaintiff filed a lawsuit against E in relation to the return of unjust enrichment (hereinafter “related case”). On February 7, 2018, the said court rendered a judgment that “E shall transfer to the Plaintiff the claim for dividend payment amounting to KRW 42,563,612 out of the deposit dividends,” and the said judgment became final and conclusive on November 14, 2018.

F. The Defendant seized the instant case on October 17, 2017.