1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. A. Around March 29, 2015, the Plaintiffs heard from D that they should pay in advance the sales price of tetel Nos. 2 from D, Songpa-gu Seoul, Seoul, and transferred KRW 320,000,000 to D on March 30, 2015.

D was sentenced to six years of imprisonment from the first instance court on February 13, 2018 due to the crime of obtaining the above money from the plaintiffs (Fraud), etc. (Seoul District Court 2016Dahap195), the appellate court was sentenced to eight years of imprisonment on October 10, 2018 (Seoul High Court 2018No790), and the judgment of the appellate court was finalized on January 17, 2019 after dismissal of the appeal.

(Supreme Court Decision 2018Do1658). B.

On February 12, 2018, the Plaintiffs received each of the checks listed in the separate sheet (hereinafter “instant checks”) from D as compensation for defraudation money.

C. On July 19, 2018, the Defendant filed a request for a public summons and a nullification judgment on the instant check (Seoul Central District Court 2018KaGong323) with the purport that “The lawful holder of the instant check was lost on February 12, 2018,” and the said court issued a nullification judgment on the instant check (hereinafter “instant nullification judgment”) on August 14, 2018 after having issued a public summons on August 14, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, and 8 (including paper numbers), the purport of the whole pleadings

2. The summary of the Plaintiff’s assertion is the F’s preemptive right and interest, which is subject to criminal punishment as joint principal offenders with D, and the Plaintiffs lost the check of this case as the last holder of the check of this case with knowledge of the fact that they received the check of this case from D, thereby having obtained the judgment of this case. Therefore, the above judgment of nullification should be revoked.

3. Determination as to the defendant's defense prior to the merits

A. The gist of the assertion 1D paid KRW 50,000,000 to the Plaintiffs on behalf of the G Bank on February 13, 2018, and accordingly, the Plaintiff’s instant lawsuit is relating to a check the payment of which has been completed.