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

The purport of the claim and appeal is the purport of the appeal.

A. On August 13, 2009, the Defendant purchased each land listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant land”) owned by F in the procedure of voluntary auction E-auction by the Daegu District Court, Daegu District Court, and completed the registration of ownership transfer under the name of the Defendant on August 28, 2009.

B. 1) The Defendant filed a lawsuit against the above F on May 26, 2010 on the ground that “F is the owner of the instant fruit trees planted on the instant land (hereinafter “the instant fruit trees”) and is the legal superficies holder of the instant land, and F is obligated to pay land rent to the Plaintiff.” On May 26, 2010, the Family Branch Branch of the Daegu District Court rendered a judgment against the Defendant on the ground that “C leased the instant land from F and planting the instant fruit trees, and thus, F is not the owner of the instant fruit trees,” and the said judgment became final and conclusive on June 18, 2010.

C. 1) The Defendant filed a lawsuit against the Daegu District Court Branch of 2010Kadan1083 against C, seeking “the delivery of the instant land, the collection of the instant fruit trees, and the return of unjust enrichment due to the use of the instant land.” 2) On November 3, 2010, the Family Court of Daegu District rendered a favorable judgment against the Defendant on the ground that C is the owner of the instant fruit trees (hereinafter “instant judgment”), and the said judgment was finalized on November 20, 2010.

3) Based on the above winning judgment, on April 14, 201, the Defendant was decided to substitute enforcement with the Daegu District Court Branch G for the removal of the instant fruit trees. 4) The Defendant filed an application against Daegu District Court Sung Branch D for advance payment of alternative execution expenses against the Defendant, and on July 8, 2016, the Daegu District Court rendered a decision that “C shall pay KRW 114,191,000 to the Defendant” (hereinafter “instant decision”) on the ground that the Defendant, on October 6, 2016, rendered a decision that “the Defendant shall pay KRW 114,191,00 to the Defendant” (hereinafter “instant decision”).