The application for intervention by an independent party intervenor shall be dismissed.

The costs of appeal are assessed against each appellant.

1. As to the Plaintiff’s grounds of appeal, the lower court acknowledged facts as indicated in its reasoning after comprehensively taking account of the adopted evidence, and determined that the trust contract of this case was revoked within the limit of KRW 2,974,386,537, and the Defendant was liable

The ground of appeal disputing this decision of the court below is nothing more than the purport of dispute over the selection of evidence and fact-finding which belong to the exclusive jurisdiction of the court below.

The judgment below

In light of the record, the court below did not err by misapprehending the legal principles regarding the method of restitution of fraudulent act and the scope of compensation for value, etc., or by exceeding the bounds of the principle of free evaluation of evidence or by failing to exhaust all necessary deliberations, thereby affecting the conclusion of the judgment

2. According to the records on the Defendant’s appeal, the Defendant did not enter the grounds of appeal in the petition of appeal, and did not submit the appellate brief within the submission period.

3. The application for intervention by an independent party shall be regarded as independent party;

An independent party intervenor applied for intervention after the judgment of the court below was pronounced.

Inasmuch as an independent party intervention has the nature of filing a lawsuit in substance, the court of final appeal cannot intervene as an independent party (see, e.g., Supreme Court Decision 93Da43682, 51309, Feb. 22, 1994). Since an independent party intervenor files a lawsuit after the pronouncement of the lower judgment, the same applies in cases where the independent party intervenor files a lawsuit after the pronouncement of the lower judgment (see, e.g., Supreme Court Decision 201Meu298, 304, Apr. 28, 201). The instant application for intervention

4. Therefore, all appeals are dismissed, and an application for intervention by an independent party is dismissed. The costs of appeal are assessed against each party. The cost of intervention by an independent party is assessed against the intervenor. It is so decided as per Disposition by the assent of all participating Justices on the bench.