1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On March 15, 2006, B issued to the Plaintiff a promissory note with face value of KRW 50,000,000, issue date March 15, 2006, and the due date of January 15, 2007, the issue date, the place of issue, the place of payment, and the place of payment. On March 17, 2006, B issued a promissory note with the Seoul Special Metropolitan City, and issued a notarial deed of bills (hereinafter “notarial deed of bills of this case”) with the Gangnam General Law Firm No. 134, 206.

B. On the basis of the authentic deed of the instant bill, the Plaintiff filed an application for a seizure and collection order of KRW 50,000,000 with respect to the claim for the refund of the lease deposit against the Defendant as to C Apartment 211, 1407, Dong 1407, which B had against the Defendant on the basis of the authentic deed of the instant bill, and received the seizure and collection order of the instant claim on January 20, 2016 (hereinafter “instant claim seizure and collection order”). At that time, the attachment and collection order of the instant claim was served on the Defendant.

[Ground for Recognition: Facts without dispute, entry of Gap 1 through 3, purport of the whole pleadings]

2. Determination:

A. With respect to each of the parties' respective claims against the defendant for the payment of the collection money according to the seizure and collection order of this case, the defendant, prior to the delivery of the seizure and collection order of this case to the defendant, received the entire seizure and collection claim of D against the defendant, and transferred the above claim to D, and as long as the seizure and collection order of this case was revoked after the lawsuit of this case, the plaintiff's claim was proved to the purport that the plaintiff's claim seems to be a mother or unjust.

B. According to the overall purport of the statement and pleading of the evidence No. 1, B filed a lawsuit against the Plaintiff for objection against the Plaintiff, which is the High Government District Court 2016Da70112, and the judgment was rendered in favor of the Plaintiff. B filed a claim for refusal of compulsory execution based on the Notarial Deed of the instant bill, and B filed a request for revocation of execution against the instant claim seizure and collection order on May 30, 2016 based on the above winning judgment.