The judgment of the first instance shall be revoked.

The defendant shall pay to the plaintiff KRW 5,00,000 and shall pay to the plaintiff the full amount from October 29, 2015.

1. Facts of recognition;

A. A. Around August 1994, the Defendant determined that KRW 5,000,000 was interest rate of 15% and lent to the Plaintiff.

(hereinafter “instant loan”). (b)

On April 12, 1995, the plaintiff did not repay the loan of this case, and on April 13, 1995, the defendant received a provisional attachment decision from the Jeju District Court on the land C (hereinafter "C land") and D land (hereinafter "D land", and collectively referred to as "each land of this case") owned by the plaintiff, and on April 13, 1995, the provisional attachment registration was completed on each land of this case.

C. The Plaintiff sold each of the instant land to E on April 18, 1995, and completed the registration of ownership transfer on April 19, 1995.

The defendant applied for a compulsory auction on D land around January 2005, and received a decision of compulsory auction from the Jeju District Court on January 10, 2005.

(F). (e);

E paid KRW 5,00,000 to the defendant around September 2005, and the defendant withdrawn the application for compulsory auction on September 22, 2005.

In addition, the registration of provisional seizure made on D land was cancelled on June 5, 2006.

F. However, in the procedure of compulsory auction (hereinafter “instant auction procedure”) for the separate real estate owned by the Plaintiff, the Plaintiff received a dividend of KRW 19,009,589 in the aggregate of the principal and interest of the instant loan (i.e., principal amount of KRW 5,00,000,000, KRW 14,009,589).

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 5 (including branch numbers in the case of additional number), Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. While the Defendant received reimbursement of KRW 5,000,000 from E around September 2005, the principal and interest of the instant loan was paid at the instant auction procedure. Therefore, the Defendant paid to the Plaintiff KRW 5,00,000,000, which is the amount already paid by E, out of the amount distributed at the instant auction procedure.