The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The plaintiff's claim on August 24, 2020 is exchanged.

1. Basic facts

A. On April 23, 2018, the Plaintiff: (a) filed an application for the seizure and collection order against KRW 25,196,168 from among the Daejeon District Court Decision 2013Da18591 Decided April 23, 2013, as the executory exemplification of the loan case (hereinafter “instant judgment”); and (b) issued a seizure and collection order against the Defendant on April 30, 2018, with respect to the claim for the refund of the lease deposit against the Defendant for the building located in Daejeon-gu, Daejeon District Court 2018T (hereinafter “instant lease deposit refund claim”); and (c) received the seizure and collection order (hereinafter “instant collection order”) from the said court on April 25, 2018.

B. On October 10, 2019, based on the original copy of the judgment in the instant case, the Plaintiff filed an application for a seizure and collection order against KRW 31,190,976, out of the construction cost claims for the management of building D located in the Daejeon-dong, Daejeon-gu, which C had against the Defendant, and issued a seizure and collection order against the Defendant on October 11, 2019 (hereinafter “instant collection order”). On August 20, 202, the original copy of the said decision was served on the Defendant on August 20, 202.

[Ground of recognition] Each entry in Gap evidence 1, 2, 4, and 6 (including paper numbers)

2. Whether the application filed by the Plaintiff for an exchange alteration at the trial is legitimate

A. On January 12, 2019, based on the collection order of the instant case, the Plaintiff filed a lawsuit claiming the Defendant to pay the collection amount of KRW 25,196,168 and the delay damages, based on which the Plaintiff filed a claim for the collection amount of KRW 25,19,168 and the delay damages. On the basis of the collection order of the instant case, the Plaintiff filed an application for the alteration of the purport of the claim and the cause of the claim in exchange for the claim seeking payment of KRW 31,190,976

B. To the extent that the basis of the claim is not altered, unless the procedure is significantly delayed (Article 262(1) of the Civil Procedure Act), a change in the claim can be made to the extent that it does not change (Article 262(1) of the Civil Procedure Act)