1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Summary of the parties' arguments;

A. The summary of the Plaintiff’s assertion became final and conclusive in the lawsuit (former District Court 2018DaDa2518) demanding that C pay KRW 70,939,000 and delay damages to the Plaintiff, which the Plaintiff filed against C (hereinafter “C”).

On October 1, 2018, the Plaintiff, as the executive title, received the order of recommending reconciliation in this case, from the Defendant as the garnishee, the claim amounting to KRW 35,000,000,00, and the order reached the Defendant on October 8, 2018, with the execution title of the order of recommending reconciliation in this case. On November 7, 2018, the Plaintiff again received a seizure and collection order of the claim amounting to KRW 14,341,931 (the Incheon District Court 2018TTTT26882) and delivered the order to the Defendant on November 13, 2018.

(2) The Defendant is obligated to pay to the Plaintiff the amount of KRW 49,341,931 of the collection amount finalized in each of the instant orders, as well as damages for delay thereof, in total, including the above seizure and collection orders.

B. The summary of the Defendant’s assertion is that on December 29, 2017, before the Defendant and D Co., Ltd. (hereinafter “D”) entered into a management-type land trust contract and entered into a contract with D to succeed to all of the obligation obligations between the Defendant and C (hereinafter “instant succession contract”) on the grounds that the Defendant had no obligation against C at the time of delivery of each of the instant orders, and thus, the Plaintiff’s claim is without merit.

2. In full view of each statement in the evidence Nos. 1 to 6 of the judgment, the defendant is not more than a management-type land trust contract with the content that the above facility site is trusted to D while running a business of constructing a residential accommodation facility and a new neighborhood living facility (hereinafter “instant business”).