1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff filed a lawsuit against F (hereinafter “F”) seeking unjust enrichment and transfer of land, and filed a lawsuit against F (hereinafter “F”), and the appellate court rendered a judgment on June 17, 2016 (Seoul High Court 2015Na2015 or 201799 (combined) that “F shall take the land construction waste (soil, aggregate, etc.) on the ground, and deliver the said land, and shall pay money at the rate of KRW 303,234,947 and delay damages therefor, and KRW 8,773,60 per month from March 1, 2016 to the date the delivery of the said land is completed (Seoul High Court 2015Na2015782, Feb. 2017). The said judgment became final and conclusive on July 8, 2016.

B. Meanwhile, on May 10, 2017, the Defendant filed an application with F for a payment order claiming a total of KRW 1,742,00,000,000 as the cause of the claim for the loan claim of KRW 592,00,00 (hereinafter “loan claim”) and the claim for reimbursement of KRW 1,150,000 as the cause of the claim for reimbursement of KRW 1,742,00,000 as well as the delayed payment damages. On May 11, 2017, the Defendant received a payment order with the Seoul Central District Court 2017 tea20,201479, and the said payment order was finalized as is on May 30, 2017 because F did not raise any objection.

C. The Plaintiff and the Defendant filed an application for compulsory execution in sequential order with respect to corporeal movables, such as F-owned machinery and sand, based on their respective titles, and the Suwon District Court proceeds from a compulsory auction for each of the above corporeal movables, and on November 26, 2018, determined that the amount to be actually distributed after deducting execution expenses, etc. out of the dividend amount of KRW 171,591,040, to be distributed to the Defendant in the distribution procedure for each of the above corporeal movables, as KRW 165,985,554, 165, and KRW 81,517,69,69, 861, KRW 1,820,372, and KRW 81,547,625, as the distribution procedure for each of the above corporeal movables, as the distribution schedule of this case is the “instant distribution schedule” to the Plaintiff.

d.

On the date of distribution, the Plaintiff stated an objection against the total amount of the Defendant’s dividends, and on July 2018, which was within seven days thereafter.