1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. On April 19, 2012, the Plaintiff filed a lawsuit seeking a refund of the purchase price with the Ulsan District Court Decision 201Kahap6300, Ulsan District Court Decision 201Na6300 against B (hereinafter “B”), and sentenced the Plaintiff to “the Defendant shall pay the Plaintiff KRW 190 million and its delay damages,” and the said judgment became final and conclusive as it is.

B. On October 13, 201, the Plaintiff received a provisional attachment order for the real estate owned by the Daegu District Court 201Kadan8278 on October 13, 2011. The Plaintiff deposited KRW 190,60 million at the Daegu District Court 2015, which deposited KRW 3370,000, the amount of deposit at sea, and the execution of the provisional attachment was revoked by the Daegu District Court 2015Kaga500 on May 18, 2015.

C. On May 27, 2015, the Plaintiff, based on the foregoing judgment claim, received a seizure and collection order as to the claim for recovery of the deposit in the Republic of Korea from the Ulsan District Court 2015TT 6273.

On the other hand, on May 20, 2015, the Defendant and B drafted a notarial deed of a monetary loan agreement (hereinafter “notarial deed of this case”) stating that “B borrowed KRW 150 million from the Defendant on December 24, 2012 as the due date for repayment, determined and borrowed on May 27, 2015,” which read that “B borrowed the amount of KRW 150 million from the Defendant on December 24, 2012.”

E. On June 1, 2015, the Defendant received a seizure and collection order as to the claim for recovery of the deposit against the Republic of Korea under the Ulsan District Court 2015TT 6437, based on the instant claim on the Notarial Deed.

F. On September 16, 2015, the Ulsan District Court: (a) conducted distribution procedures with the Ulsan District Court C on the basis of the amount of credit 308,92,861; and (b) drafted a distribution schedule that distributes the amount of credit 150 million won to the Defendant (hereinafter “instant distribution schedule”) which is the cause of the amount of credit 128,323,416 won to the Plaintiff, which is the cause of the amount of credit 308,92,861.

G. The Plaintiff appeared on the aforementioned date of distribution, and raised an objection against the full amount of distribution to the Defendant, and on September 22, 2015, filed a lawsuit of demurrer against the distribution of this case.