A. The Defendant filed a lawsuit against the Plaintiff as Seoul Western District Court 201Gadan81759, and the said court rendered a judgment on October 23, 2012 that “the Plaintiff shall pay to the Defendant KRW 13,00,000 and an amount equivalent to 20% per annum from January 10, 2012 to the date of full payment” (hereinafter “the judgment of the first instance”).

B. The Plaintiff appealed against the judgment of the first instance court as Seoul Western District Court 2012Na10410, and on June 21, 2013, the said appellate court rendered a judgment that “the first instance judgment is revoked, and the Defendant’s claim is dismissed” (hereinafter “the second instance judgment”).

C. The Defendant filed an appeal against the judgment of the second instance by the Supreme Court No. 2013Da61855, but the judgment of the second instance became final and conclusive after the dismissal of the appeal was sentenced on November 15, 2013.

On the other hand, according to the judgment of the first instance court of the provisional execution declaration, the defendant applied for a compulsory auction on the attached real estate owned by the plaintiff (hereinafter “instant real estate”), and received a decision to commence compulsory auction from the above court on November 12, 2012.

After the pronouncement of the judgment of the second instance in the above auction procedure, the instant real estate was sold on September 25, 2013. On November 25, 111, the Plaintiff received KRW 41,000,040 from the date of distribution, and the National Health Insurance Corporation received KRW 1,768,390, respectively.

E. The market price of the instant real estate is KRW 85,714,040 (price March 27, 2014).

[Ground of recognition] A without dispute, entry of Gap evidence 1 to 4, the result of appraiser D's market price appraisal, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The execution based on the judgment that declared a provisional execution on the occurrence of liability for damages is not final and conclusive, and is generated under the condition that the judgment on the provisional execution or the judgment on the merits should not be changed at the appellate court, and if the judgment on the merits is changed later at the appellate court, the provisional execution obligee shall be subject to provisional execution.