1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 14, 2015, with respect to the Suwon District Court’s Ansan Branch 2014da26079 (principal lawsuit) and 2015da106309 (Counterclaim), the said court rendered a judgment on October 14, 2015, such as “the Plaintiff deposit KRW 63,038,539, the collection amount according to the collection order and the seizure of the claim No. 2010, the Suwon District Court’s Ansan Branch 2014da26070 (Counterclaim), and the said judgment became final and conclusive on November 14, 2016.”

B. The Defendant filed an application for an indirect compulsory performance order against the Plaintiff on February 27, 2017 with the Suwon District Court D, and the said court on April 24, 2017, upon receipt of the notice of this decision, deposited KRW 63,038,539, the collection amount based on the claim attachment and the collection order issued by the Suwon District Court, within seven days from the date of receipt of the notice of this decision, to the above court and reported the reasons. If the Plaintiff fails to perform the above obligation within the execution period, the Plaintiff did not deposit KRW 63,038,539,000 per day from the day following the above execution period to the date of completion of the performance.” Although the above decision became final and conclusive, the Plaintiff did not deposit the above collection amount with the said court.

C. On October 11, 2017, the Defendant: (a) filed an application for compulsory auction with the Suwon-gu E Apartment F, Gyeyang-gu, Seoul District Court for the compulsory auction on the ground of the claim for compensation (hereinafter “instant claim for compensation”); and (b) on July 25, 2018, the said court drafted a distribution schedule with the content that the Defendant distributes KRW 71,140,409 to the Defendant as an applicant creditor holding concurrent office as an ordinary creditor.

On July 30, 2018, the Plaintiff filed the instant lawsuit on July 30, 2018, after stating an objection to the portion exceeding KRW 24,711,107, out of the Defendant’s dividends on the said date of distribution.

[Reasons for Recognition] Unsatisfy, Gap evidence No. 1, Eul No. 1, 4.