1. The plaintiff (defendant)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Defendant).

purport, purport, ..

1. The court of first instance held that there was a ground for retrial under Article 451(1)7 of the Civil Procedure Act in the judgment subject to a retrial, on the grounds that a false statement by J was based on the fact-finding of the judgment subject to a retrial, and affected the text of the judgment.

In addition, the court of the first instance as to the merits was the legal couple with C, the defendant was the couple of C and the divorce lawsuit between C and the plaintiff. As a result, the plaintiff's divorce and the plaintiff were sentenced to order C to pay consolation money of KRW 50 million and delay damages, property division amount of KRW 130,787,150 and delay damages, and confirmed on October 13, 2006. The plaintiff and the legal representative of C agreed to pay only KRW 146,623,152 to C by taking into account the delinquent taxes on real estate that C should transfer the registration of ownership transfer to the plaintiff as property division. The plaintiff paid KRW 146,620,890 to C's legal representative pursuant to the above agreement, and the above legal representative transferred KRW 138,620 and KRW 138,688,890 after deducting contingent compensation and expenses for provisional attachment application, but acknowledged that C's credit union transferred the remaining amount to C's credit account under the name of 1606.

Based on such fact-finding, while the court of first instance judged that the divorce and consolation money and the judgment of division of property between the plaintiff and C are null and void as a matter of course, the court of first instance appointed the legal representative of the divorce lawsuit by introduction of the court of Justice, the defendant was not aware of the legal representative of C, the court opened the account under the name of C in order to receive the judgment, and did not have received any request from the defendant for opening the account, and both the court and its wife used the judgment amount of C in full, and the defendant did not have received any payment at all.