1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 2, 2011, the Plaintiff filed a lawsuit against the Defendant, C, and D seeking a reimbursement for the agreed amount under the Cheongju District Court 201Gahap3444, and received a favorable judgment against the Defendant on the confession that “the Defendant shall pay the Plaintiff KRW 150,000,000 and the amount at the rate of 25% per annum from April 30, 2001 to April 30, 201, and 20% per annum from the next day to the date of full payment,” and the above judgment against the Defendant became final and conclusive as it is.

(hereinafter “The instant final judgment”). On March 26, 2012, the Plaintiff filed an application for compulsory auction of real estate owned by the Defendant to Cheongju District Court E in accordance with the instant final judgment against the Defendant on March 26, 2012, and received a decision to commence compulsory auction on March 29, 2012.

B. On September 17, 2012, the Defendant filed an application with the Cheongju District Court for the suspension of compulsory execution (hereinafter “the suspension of the first compulsory execution”). On September 20, 2012, the Defendant deposited KRW 150,000,000 in cash with the Cheongju District Court No. 617 as the Cheongju District Court’s 2012 (hereinafter “the first deposit”), and received the said decision of acceptance on September 20, 2012.

On September 20, 2012, the defendant submitted the decision of the suspension of the first compulsory execution of the instant case to the Cheongju District Court E case.

C. On September 11, 2012, the Defendant filed a lawsuit of demurrer under the Cheongju District Court Decision 2012Gahap1528 (hereinafter “instant objection”), but was rendered a judgment against the Defendant on August 29, 2013.

The defendant filed an appeal with the Daejeon High Court (Cheongju District Court) No. 2013Na1236, but was sentenced to the dismissal of appeal on December 3, 2013, and again filed an appeal with the Supreme Court No. 2014Da505, but the appeal was dismissed on March 24, 2016, and the judgment became final and conclusive.

On the other hand, on September 30, 2013, when the appellate trial of the objection of this case was pending, the Plaintiff, based on the final and conclusive judgment of this case, was the Cheongju District Court 2013TBT2720.