1. The plaintiff's appeal is dismissed.

2. The plaintiff shall bear the total costs of the lawsuit after filing the appeal.

purport, purport, and.

1. The reasoning for this Court’s explanation is as stated in the part on “1. Basic Facts” of the judgment of the court of first instance, and thus, this part is cited by the main text of Article 420 of the Civil Procedure Act.

2. The assertion and judgment

A. Since compulsory execution, provisional seizure, or provisional disposition, which was taken against the property belonging to the bankrupt foundation based on the Plaintiff’s bankruptcy claim, becomes null and void against the bankrupt foundation. Thus, as long as the Defendant was declared bankrupt against A before paying the instant deposit, the right to claim payment of the instant deposit belongs to the Plaintiff, who is the bankruptcy trustee, so the Defendant is liable to return the instant deposit and interest that the Defendant received to the Plaintiff with unjust enrichment.

B. As long as the judgment on the merits of this case became final and conclusive before the defendant's counterclaim A is declared bankrupt, the right to claim the payment of the deposit of this case belongs to the defendant, so the plaintiff's claim cannot be complied with.

C. 1) Determination 1) General legal principles belong to the bankruptcy estate (Article 382(1) of the Debtor Rehabilitation and Bankruptcy Act ("the Debtor Rehabilitation Act"), and the compulsory execution, provisional seizure or provisional disposition against the debtor, based on any bankruptcy claim, which is a property claim arising prior to the declaration of bankruptcy, against the property belonging to the bankrupt estate, shall lose its effect against the bankruptcy estate (Articles 423 and 348(1) of the Debtor Rehabilitation Act). Meanwhile, in the auction procedure against the real estate, the distribution court shall deposit the amount of dividends against the claims of the provisional seizure creditor when the distribution is made, and thereafter, when the cause of deposit is extinguished as the judgment in favor of the creditor becomes final and conclusive, the deposit money shall be paid to the provisional seizure creditor (Articles 160(1)2 and 161 of the Civil Execution Act).