1. The Defendant’s KRW 53,770,332 as well as 5% per annum from November 30, 2018 to July 12, 2019 to the Plaintiff.

1. Basic facts

A. On July 15, 2016, the Defendant filed an application for provisional seizure of real estate with the Daegu District Court 2016Kadan3059, which applied for the provisional seizure of real estate worth KRW 7,2150,000 against the Plaintiff as the preserved right. On April 11, 2017, the Defendant deposited KRW 7,2150,00 for the revocation of the execution of the provisional seizure with the Daegu District Court 2017Kadan2504.

B. On September 27, 2016, the Defendant filed a lawsuit against the Plaintiff for the claim for the payment of goods with the Daegu District Court Branch 2016Kadan4013, and the said court rendered a judgment on July 5, 2017, that “the Plaintiff shall pay to the Defendant 48,875,000 won, and the amount calculated at the rate of 6% per annum from January 20, 2016 to July 5, 2017, and 15% per annum from the next day to the day of full payment” (hereinafter “instant judgment”).

C. On July 27, 2017, the Defendant received the order of seizure and collection from the Daegu District Court 2017TTTTT10, which transferred provisional seizure to the original seizure, based on the judgment of the first instance court of this case rendered by the provisional execution declaration book of this case.

It collected KRW 53,770,332 out of the deposit money for release from provisional seizure stated in subsection (d).

As to the judgment of the first instance court of this case, the Plaintiff and the Defendant appealed to the Daegu District Court 2017Na309508, and on January 18, 2018, the said court rendered a judgment that “The part against the Plaintiff in the judgment of the first instance is revoked, and the Defendant’s claim corresponding to the revoked part is dismissed.”

The Defendant appealed and appealed to Supreme Court Decision 2018Da209829 Decided April 26, 2018, but the above judgment became final and conclusive on April 27, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including a provisional number), the purport of the whole pleadings

2. The execution based on the judgment of the provisional execution sentence on the cause of the claim is not final and conclusive, but is a condition subsequent to the cancellation or alteration of the judgment on the merits or the provisional execution declaration. Therefore, when the judgment on the merits is changed in the appellate court, the provisional execution creditor shall be sentenced to the declaration of provisional execution.