1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On February 20, 2014, the Korea Development Bank (hereinafter “Korea Development Bank”) sold the Defendant the land and the factory building on the land of the 311-dong-dong 311 and its ground around February 20, 2014. Of the terms of the contract, the part relating to the instant case is as follows:

A factory sales contract

1. The balance of KRW 6,150,61,000 (payment until February 19, 2014) and the intermediate payment of KRW 7,000,000 (including value-added tax) and KRW 250,000 (payment until February 19, 2014) and KRW 59,389,00 (payment by April 30, 2014) and the balance of KRW 59,389,00 (payment by April 30, 2014).

2. The intermediate payment shall be substituted by taking over the obligations of Korea and Japan, and if the amount paid is different on the date of payment, the balance shall be reduced or increased and paid;

(Article 1(16) of the Special Agreement. 3. In the event that there is any unpaid tax, public, or other charges in the operation and possession of the above factory, the seller shall fully remove the defect and burden of the above factory until the remainder date.

(Article 5). (b)

On June 24, 2014, the Plaintiff received a decision of provisional attachment on the remainder claim (Yanju District Court Decision 2014Kadan1086, claim amount: 40,091,200 won) from Korea as a debtor on June 24, 2014.

C. On July 9, 2014, upon the Plaintiff’s request, the Korea Development Bank issued a payment order (No. 2014 tea 1157) to the Plaintiff to pay KRW 40,091,200 and delay damages therefor, and upon the confirmation on July 29, 2014, the Plaintiff became final and conclusive on October 8, 2014 with its title as the title of execution, and the seizure and collection order (No. 2014Tan District Court 2014TTT4637, claim amount: 42,277,91,200 won (the principal of the payment order) for provisional seizure of KRW 40,00 and KRW 2,186,743 (40,091,200, etc.). The order became final and conclusive around that time.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including each number), Eul evidence No. 3, and arguments.