1. The Defendant’s payment order for the return of unjust enrichment against the Plaintiff was issued by Seoul Southern District Court 2012 tea 2673.

1. The Plaintiff, who is a state-owned property, has used the land B 1415 square meters without permission. The Defendant, who is the manager of the said land, imposed on the Plaintiff an indemnity equivalent to the usage fee from January 1, 2005.

On February 22, 2012, the Defendant filed an application against the Plaintiff for an order to return unjust enrichment of KRW 27,116,460 in total amount of indemnities and overdue interest until December 31, 2008, with Seoul Southern District Court Decision 2012Da2673, the Defendant issued an order to return unjust enrichment of KRW 27,116,460, and on February 27, 2012, the court issued a payment order stating that “the Plaintiff shall pay to the Defendant 27,116,460 and KRW 16,378,580 in total, as to KRW 27,378,580 from January 1, 2009 to the original delivery date of the payment order, and 5% in total from the next day to the day of complete payment, to the day of full payment.”

(hereinafter “instant payment order”). The said payment order was served on March 14, 2012, and was finalized on March 29, 2012.

On August 11, 2016, the Plaintiff filed a bankruptcy and application for immunity with the Incheon District Court No. 2016Hadan3974, 2016 3973, and did not enter the Defendant’s claim for indemnity in the creditors’ list.

On November 24, 2016, the Plaintiff was declared bankrupt and the decision to grant immunity became final and conclusive on February 17, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, Eul evidence Nos. 1 to 23 (including the number of each branch), the purport of the whole pleadings

2. Determination

A. According to Article 423 of the Debtor Rehabilitation and Bankruptcy Act, a claim on property against a debtor arising prior to the declaration of bankruptcy is a bankruptcy claim. According to the main sentence of Article 566 of the same Act, a debtor who has been exempted from liability is exempted from the liability for all obligations to a bankruptcy creditor except dividends arising from bankruptcy procedures.

The claim based on the instant payment order constitutes a bankruptcy claim arising prior to the declaration of bankruptcy against the Plaintiff, and the decision to grant immunity to the Plaintiff becomes final and conclusive after the decision is made.