A. The Plaintiff supplied building materials to C from around 2015 to F. However, the Plaintiff was not paid KRW 7,5320,000 out of the price of the said goods.

B. On June 20, 2017, the Defendant purchased from Ulsan-gu D land and/or 1/2 of the G land in the total of KRW 1120 million from Ulsan-gu and the purchase price (However, the purchase price stated in the register is KRW 575 million and the above shares are KRW 35 million), and completed the registration of ownership transfer on June 27, 2017.

C. On April 25, 2018, the Plaintiff was transferred KRW 75,320,000,000, out of KRW 150,000,000 to the Defendant of C, on behalf of the price for the goods unpaid from C (hereinafter “instant claim”).

C On July 9, 2018, the Defendant notified the transfer of the instant claim to the Defendant, and on July 11, 2018, the notice of transfer reached the Defendant.

E. Meanwhile, as of May 10, 2018, C’s aforementioned claim against C for the remaining amount of the purchase and sale at the court of first instance at the time of May 10, 2018 (hereinafter “instant purchase and sale balance”) testified that (i) the total amount of the above purchase and sale balance at the time of May 10, 2018 would have been at least KRW 135 million, and (ii) the amount of the said purchase and sale balance would have been at least KRW 90 million upon deducting the money received from the passbook; (iii) the testimony of C on the remaining amount of the purchase and sale was unclear; and (iv) the evidence submitted by the Plaintiff is insufficient to recognize that the remaining amount of the purchase and sale exceeds KRW 90 million at the time of May 10, 2018; and (iii) there is no other evidence to acknowledge it otherwise.

This remains.

[Ground of recognition] Facts without dispute, Gap evidence 4, 5, 8, Gap evidence 9-1, Eul witness's partial testimony, the purport of the whole pleadings

2. Determination

A. According to the above facts as to the cause of the claim, since the amount of the remaining purchase and sale of this case exceeds the amount of the claim of this case, the defendant, barring special circumstances, shall acquire the above amount from the plaintiff 7.