1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On April 24, 2017, based on the Seoul High Court Decision 2013Na49000 (principal lawsuit) against the Defendant Company C (hereinafter “Nonindicted Company”) and the executory exemplification of the case of loans, the Defendant was served on April 27, 2017 on the investment certificates (hereinafter “instant order of seizure”) held by the Nonparty Company against D in relation to the investment certificates (200 shares per investment unit, 1,000, 1,000 won per investment unit), and the Defendant was served on D Association on April 27, 2017.

B. On June 21, 2017, based on the original copy of the decision in lieu of the executory conciliation of the claim for reimbursement amount against the non-party company, etc., the Plaintiff was issued a decision of seizure order of investment certificate (hereinafter “order of seizure of the Plaintiff”) against the non-party company as to the investment certificate (53 shares per share, 912,51 won per one unit), which the non-party company held against the D Association, as the status of the non-party company’s investment certificate (hereinafter “order of seizure of the Plaintiff”), and the order of seizure of the Plaintiff was served on the D Association on June 26, 2017.

C. The execution officer entrusted by the Defendant under the seizure order issued by the Defendant was transferred 53 shares of the investment certificate against the non-party company D (hereinafter “instant investment certificate”) from the D Association. However, the execution officer did not acquire possession of the instant investment certificate under the seizure order issued by the Plaintiff.

On July 20, 2017, based on the seizure order issued by the Defendant, the Defendant was issued a decision to sell investment certificates (hereinafter “instant sales decision”) with respect to the instant investment certificates under Suwon District Court Branch Branch 2017TTT 4924, and the instant sales decision was served on the D Association on July 24, 2017, and became final and conclusive on August 10, 2017.

The enforcement officer, on October 12, 2017, issued the instant investment certificates according to the instant decision of sale.