1. The defendant shall pay to the plaintiff KRW 652,95,583 as well as 5% per annum from March 8, 2018 to January 16, 2019, and the next day.

1. Basic facts

A. On June 14, 2017, the Defendant filed a lawsuit against the Plaintiff for damages in Suwon District Court Branch Branching (2017Gahap5005). On June 14, 2017, the said court rendered a judgment with a provisional execution sentence stating that “the Plaintiff shall pay to the Defendant the amount of KRW 1,360,000,000 and the interest calculated at the rate of 5% per annum from December 3, 2014 to January 10, 2017, and 15% per annum from the next day to the date of full payment” (hereinafter “previous first judgment”).

B. According to the previous judgment of the first instance, the Defendant applied for a compulsory auction on the E apartment Fho Lake and G 783 square meters (hereinafter “each of the instant real estate”) owned by the Plaintiff in Sungwon-gu, Sungnam-si, Sungnam-si. On June 21, 2017, the said court rendered a decision to commence compulsory auction, and each of the instant real estate was sold in KRW 1,374,99,99,99 during the said compulsory auction procedure.

C. On the date of distribution on March 8, 2018, the Defendant received dividends of KRW 652,95,583 out of KRW 1,362,410,50,50,000, 12,808,455 won, excluding the expenses for enforcement from KRW 12,808,455 won.

The Plaintiff appealed against the previous judgment of the first instance, and the Seoul High Court (No. 2017Na2035241) (Seoul High Court 2017Na2035241) revoked the previous judgment of the first instance on December 14, 2018 and rendered a judgment dismissing the Defendant’s claim (hereinafter “previous second instance judgment”), and thereafter, the previous judgment of the second instance became final and conclusive by dismissal of the Defendant’s appeal (Supreme Court 2019Na201761) on April 25, 2019.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 6, 8, purport of the whole pleadings

2. Determination

A. The effect of enforcement based on the judgment of the relevant legal doctrine and provisional execution sentence is not final and conclusive, and it is a condition subsequent to the appellate court that the judgment on the merits or the provisional execution sentence will be cancelled or changed.

In other words, even if a provisional execution has been executed by a declaration of provisional execution, it shall be transferred when the part or whole of the judgment of the original case is invalidated.