2. The costs of lawsuit shall be borne by the Plaintiff.

A. The Plaintiff filed a lawsuit against D and Defendant B for the return of unjust enrichment with this court’s 2018Gadan233. On November 29, 2018, the court rendered a judgment dismissing the Plaintiff’s claim against D and Defendant B with payment of the amount of KRW 50 million per annum from January 20, 2018 to November 29, 2018, and the amount of 5% per annum from the next day to the date of full payment, and 15% per annum from the next day to the date of full payment.

On this issue, D and Defendant B appealed (the Changwon District Court 2018Na63898), but Defendant B withdrawn an appeal, and on July 26, 2019, the decision of recommending settlement was made between the Plaintiff and D, and became final and conclusive thereafter.

B. Defendant B is the father of D, and Defendant C is the mother of Defendant B’s children.

The forest land of this case was originally owned D, and on February 4, 2014, the registration of transfer of ownership was completed on the grounds of sale (sale price of KRW 100 million) as of January 29, 2014, respectively.

【Ground for recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiff's cause of the plaintiff's claim has 50 million won and damages for delay against D, and D is currently insolvent.

Accordingly, the Plaintiff seeks payment of money equivalent to the amount of the Plaintiff’s claim against the Defendants, among the claim for the purchase price of forest land in this case, by subrogation of D for the preservation of the said claim.

In addition, if D exempted the Defendants from the Defendants’ sales price obligation, this constitutes a fraudulent act, which constitutes a decrease in property harmful to creditors of D including the Plaintiff, and should be revoked. The Defendants should pay to the Plaintiff the amount equivalent to KRW 50 million and its delay damages.

3. Determination

A. According to the following circumstances revealed by the facts and evidence revealed earlier, the evidence alone submitted by the Plaintiff is insufficient to view that D sold the forest land of this case to the Defendants for KRW 100 million.

1 The defendants are children and grandchildren of D.