A.D died on July 20, 2015.

The defendant is the wife of D, E, F, the plaintiffs, and G are the children of D.

B. D invested KRW 300,000,000 in the Treatment Construction Co., Ltd. (hereinafter “Treatment Construction”) in relation to H

(hereinafter referred to as the “instant claim”) against D Treatment Construction.

The Daewoo Construction paid KRW 300,000,000 to the Defendant on July 24, 2015 as the repayment of the instant claim.

The ownership of the 1st 327 square meters in the Gu Government-si and the 2nd lux house of the lightweight structure and the 327th m2 on its ground (hereinafter “instant land and buildings”) was transferred from D to the Defendant on the ground of the donation on the same date on February 23, 2015.

【Ground of recognition】 The fact that there has been no dispute, Gap 1, 2, 3 evidence, Eul 3 evidence (including numbers), the purport of the whole pleadings

2. As to the defense of this case

A. The gist of the Defendant’s defense was that the Defendant and the Plaintiffs agreed on July 10, 2015, and thus, the instant lawsuit is unlawful because it did not have any interest in the protection of rights or violates the good faith principle.

B. According to the evidence Nos. 5-4, 5-5, and 5-6 of the judgment, the fact that the D Defendant and the Plaintiffs agreed on July 10, 2015 that “The Plaintiff A shall receive KRW 70,000,000 from D, and the Plaintiff B shall, instead, waive all rights, including legal reserve, in relation to the donation of the land and buildings of this case, and shall not bring any civil or criminal action later (hereinafter referred to as the “Supplementary Action Agreement”).

However, the agreement to bring an action, one of the passive litigation requirements, is within the scope of the right to be disposed of by the parties to the agreement, and is allowed when limited to a specific legal relationship, and is valid at the time of the agreement.

In this regard, the above recognition alone (see, e.g., Supreme Court Decision 98Da63988, Mar. 26, 1999) is an agreement on the institution of the lawsuit in this case.