1. The judgment of the court of first instance is modified as follows.

As to the auction case of Changwon District Court C real estate deposit.

1. Basic facts

A. The Plaintiff, upon filing for provisional attachment registration, filed a provisional attachment on June 3, 2013 (hereinafter “instant real estate”) with respect to L, Changwon-si’s L, which was owned by D, and M apartment 1201 (hereinafter “instant real estate”), which was subject to provisional attachment order on June 3, 2013, by using the Plaintiff’s claim for restitution of unjust enrichment amounting to KRW 44,00,000,000 against D to Busan High Court (C) as the claim for restitution of unjust enrichment amounting to KRW 44,00,000,000.

B. The Defendant asserted that the Defendant lent KRW 40,000,000 to D on October 26, 2010 at the interest rate of KRW 2% per month, and that D applied for a payment order seeking payment of the principal and interest on the loan to D on January 20, 2014, and the payment order was issued on January 20, 2014. The above payment order was finalized on March 4, 2014.

C. On January 17, 2014, the auction procedure and distribution1) started on January 17, 2014 (this court C). The Plaintiff participated in the distribution as a creditor of provisional seizure (Article 148 subparagraph 3 of the Civil Execution Act). On September 16, 2014, the Defendant, who was ordered to pay the principal to the executing court on September 16, 2014 (Article 88(1) of the Civil Execution Act, submitted to the creditor who was ordered to pay the principal amount of KRW 40,000,000 and interest KRW 25,72,740 (interest calculated at the rate of 24% per annum from January 26, 2012 to September 30, 2014), 30, 176,50, 500, 200, 308, 200, 307, 2408, 207, 240, 3010.

3) The Plaintiff appeared on the aforementioned date of distribution, and raised an objection against KRW 24,986,155 out of the amount of distribution to the Defendant. (No dispute over grounds for recognition exists.)