A. D Co., Ltd. received a decision against C on December 18, 2017, stating that “The amount of litigation cost to be repaid from C is KRW 6,601,437,00, when it filed an application for confirmation of the amount of litigation cost with the Daejeon District Court 2017Kao480.”

B. On September 20, 2019, the Defendant filed an application for the auction of movables on the movables listed in the separate sheet owned by C (hereinafter “instant corporeal movables”) as a representative of D Co., Ltd., with the title of execution, and accordingly, the auction procedure for corporeal movables (hereinafter “previous auction procedure”) was commenced with the Daejeon District Court E.

C. After the instant corporeal movables were seized in accordance with the previous auction procedure, from around 11:20 on October 15, 2019 to around 11:27, 2019, the auction date was commenced in Daejeon F apartment and G, which is the domicile of C. On the above auction date, H, who is an employee of D Co., Ltd, was present at the above D Co., Ltd’s agent as the creditor. On the other hand, the purchaser purchased the instant corporeal movables at KRW 6 million and paid the sales price in full.

On October 15, 2019, the above auction date, the Plaintiff participated in the above auction site as C's member, and at around 12:37 the same day, the Plaintiff remitted KRW 6.8 million from the Plaintiff's agricultural bank account to the agricultural bank account of D's agricultural company.

E. Meanwhile, the Defendant filed a lawsuit against C seeking the payment of unjust enrichment (Seoul District Court 2018Na107907) and received a judgment ordering C to pay the amount of KRW 160,860,000 on May 29, 2019 and the delay damages therefor. On November 21, 2019, the Defendant filed a motion for re-auction of the instant corporeal movables with the title of execution against C, and accordingly, the auction procedure for corporeal movables (hereinafter “instant auction procedure”) was commenced with the Daejeon District Court I, and the seizure of the instant corporeal movables was conducted on December 12, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, 5 to 13, and 15 respectively.