1.The judgment of the first instance shall be modified as follows:

Of the instant lawsuit, the Defendant’s judgment against the Plaintiff is rendered on May 27, 2016.

1. The reasoning for this part of this Court is that the corresponding part of the judgment of the court of first instance is identical to that of the corresponding part of the judgment, and thus, this part is cited as it is in accordance with the main sentence

2. The judgment ex officio is dismissed, and some of the claims based on the judgment of this case among the lawsuit of this case is terminated.

In general, if compulsory execution based on executive titles has been completed as a whole and the creditor has already been satisfied, there is no interest in a lawsuit seeking the denial of such compulsory execution by a lawsuit of demurrer against a claim.

(See Supreme Court Decision 96Da52489 delivered on April 25, 1997, etc.). In addition, even if a compulsory execution against a part of the amount on the executive title is terminated, there is no benefit of a lawsuit seeking the denial of compulsory execution by filing a lawsuit of demurrer against the said part as to the said part, and thus, the propriety of the claim on the merits should be deliberated only on the part on which the execution has not been completed.

(see, e.g., Supreme Court Decision 2013Da82043, May 29, 2014) The fact that the Defendant received dividends of KRW 4,309,557 in the relevant auction procedure based on the final judgment of the instant case is as seen earlier.

(1) In light of the legal principles as seen earlier, the Defendant, the first day for pleading of the trial, stated that the Defendant received dividends. In light of the legal principles as seen earlier, the Defendant, the creditor, obtained the satisfaction of the above amount due to the completion of compulsory execution on the money already distributed as above among the claims based on the instant final judgment.

Therefore, there is no interest in the plaintiff's action to seek non-permission of compulsory execution with respect to that part as a lawsuit of demurrer against a claim.

3. Judgment on the merits (each part)

A. The reasoning of this part of the Plaintiff’s assertion is the same as that of the judgment of the court of first instance, and thus, this part of the reasoning is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

(b)(1) In the lawsuit of demurrer.