1. Revocation of the first instance judgment.

2. The case is remanded to the court of first instance.

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. On August 11, 2016, Seoul Special Metropolitan City deposited KRW 2,157,347,210 as Seoul Central District Court deposited KRW 2,187,210,00, the sum of KRW 199,914,816, and KRW 2,157,347,210, which was calculated at the rate of 6% per annum from November 29, 2014 to August 11, 2016, with respect to the termination payment to be paid to E (hereinafter “E”) upon termination of the concession agreement with respect to the G business. The dividends were paid to Defendant B on November 29, 2016 in the D distribution procedure of the Seoul East East District Court (hereinafter “E”), which was conducted with respect to the said deposit, and the said dividends did not become final and conclusive.

B. On December 5, 2016, the Seoul East Eastern District Court reported the above dividends to the Seoul Northern District Court on the grounds of seizure, and on December 9, 2016, the court of execution of the Seoul Northern District Court JJ distribution procedure case conducted accordingly, deposited KRW 41,969,154 (hereinafter “the deposit in this case”) to five creditors including the Plaintiff on December 9, 2016, “the third obligor Republic of Korea deposited KRW 41,969,154 (hereinafter “the deposit in this case”), thereby correcting the defective matters as described in the attached order of correction.”

C. On the other hand, the reasons up until the deposit of this case is made are as follows.

B B B B E B E E E E, B E C B B E B B B B B B B B D B B (based on recognition), without dispute, each entry in Gap 1 through 8 (including paper numbers), and the purport of the whole pleadings.

2. Determination as to the benefit of confirmation

A. In a case where the grounds for the deposit for repayment under the latter part of Article 487 of the Civil Act, and the grounds for the deposit for execution under Article 248(1) of the Civil Execution Act, concurrently arise, and the debtor makes a mixed deposit, the executing court is so long as the original creditor to receive the deposited amount through the confirmation of the invalidity, etc. of the transfer of claims has not become final and conclusive.