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 January 17, 2006, the Plaintiff filed a lawsuit against the Defendant for the return of unjust enrichment against the Defendant on the Cheongju District Court Decision 2006Kadan216, which was owned by the Plaintiff, with respect to the compensation for the 132.8mm2 for storage of one-story agricultural machinery on the ground C’s roof slabs, and the Defendant filed a lawsuit for the return of unjust enrichment from the above court on February 9, 2007, which became final and conclusive on December 9, 2007, that “the Defendant shall pay to the Plaintiff 15,300,000 won and interest thereon at the rate of 5% per annum from December 7, 2006 to February 9, 207, and 20% per annum from the next day to the day of full payment (hereinafter “instant judgment”). The judgment of this case became final and conclusive on February 207, 207.

B. Meanwhile, on June 14, 2010, the Defendant filed a petition for bankruptcy and immunity with the Cheongju District Court 2010Hadan110, 2010Ma1110, 2010, and filed a petition for adjudication of bankruptcy and exemption from immunity, and on April 11, 201, the above exemption from immunity became final and conclusive on April 26, 201.

[Ground of recognition] Facts without dispute, records, obvious or significant facts in this court, Gap evidence 1, Eul evidence 2 (including those with a serial number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. The Defendant’s assertion that: (a) on April 11, 201, the Cheongju District Court 2010, Cheongju District Court 2010, 1110, etc.; and (b) on April 26, 201, the above decision became final and conclusive, the Defendant’s defense prior to the instant judgment that was not liable for the repayment of obligations under the instant prior judgment.

B. Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act provides that "a claim that is not entered in the list of creditors in bad faith by an obligor" refers to a case where an obligor is aware of the existence of an obligation against a bankruptcy creditor before immunity is granted, and is not entered in the list of creditors. Therefore, when the obligor was unaware of the existence of an obligation, he/she did not know thereof.