1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked, and

1. Basic facts

A. On April 20, 2015, the Plaintiff entered into a sales contract with E Co., Ltd. (hereinafter “E”) on the share of KRW 49.59/1,200, out of Daegu-gun, Daegu-gun, its own ownership, KRW 694.21 square meters and KRW 1,462,00,000 (hereinafter “instant sales contract”).

B. On November 10, 2017, the Defendant filed a lawsuit against the Plaintiff seeking payment of KRW 19,567,100, and received a favorable judgment (Seoul District Court Branch Decision 2017 Ghana26520). On January 5, 2018, the Ulsan District Court issued a claim for ownership transfer registration based on the instant sales contract against the Plaintiff under the Ulsan District Court 2018TTT48, and issued a seizure and collection order for KRW 20,757,208 among the claim for ownership transfer registration based on the instant sales contract against the Plaintiff and the claim for cancellation of the said sales contract following the cancellation of the said sales contract, and the said order was served on the Plaintiff on November 11, 201.

C. However, on November 22, 2017, the Plaintiff and E and F Housing Association agreed to change the purchaser of the instant sales contract from E to F Housing Association on November 22, 2017, which was prior to issuance of the aforementioned order of seizure and collection, and accordingly, they concluded a new sales contract between the Plaintiff and F Housing Association. On January 19, 2018, the Plaintiff completed the registration of ownership transfer for each of the said real estate in the future of the F Housing Association.

After that, on January 25, 2018, the Daegu District Court Branch Decision 2018Gaso2767, which was filed by the Defendant against the Plaintiff based on the above seizure and collection order, rendered a decision of performance recommendation on January 25, 2018, stating that “the Plaintiff shall pay to the Defendant KRW 20,757,208 and delay damages therefor,” and the said decision of performance recommendation became final and conclusive on February 13, 2018 due to the Plaintiff’s failure to file an objection.

E. Accordingly, on March 22, 2018, the Defendant: (a) received a seizure and collection order as to the Plaintiff’s deposit claim against G unions as the title of execution of the said decision on performance recommendation; and (b) collected KRW 21,175,196 from G unions on April 2, 2018.

[Ground of recognition] dispute.