1. The instant lawsuit shall be dismissed.

2. With respect to cases where this Court applies for the suspension of compulsory execution 2018 Chicago5056, May 4, 2018

1. Basic facts

A. The non-party clan filed a claim for damages against the defendant, asserting that the defendant, who had forged documents to change the representative of the clan, sold the 45 square meters of forest land in Gwangju-si owned by the non-party clan to D Co., Ltd. and embezzled the proceeds thereof.

On October 16, 2013, the court of first instance (U.S. District Court Branch 2013Da5113) accepted the claim of the non-party clan on October 16, 2013, but the defendant transferred KRW 162,863,013, which is the amount of the first instance trial award, to the non-party E Law Firm E, Attorney F, to avoid compulsory execution. The above attorney F, on the same day, remitted the remainder of KRW 138,43,562, excluding the contingent remuneration, to the non-party clan;

On February 6, 2015, the appellate court (U.S. District Court 2013Na44055) revoked the above first instance judgment and sentenced to dismissal of the claim of the non-party clan on the grounds that it is difficult to recognize the identity of the non-party clan and the title holder of the said real estate. Although the non-party clan appealed, the appeal was dismissed on July 10, 2015 (Supreme Court Decision 2015Da20810).

B. The Defendant filed a lawsuit against Nonparty clan seeking return of unjust enrichment against the provisional payment pursuant to the above judgment of the first instance court, and the court of first instance (U.S. District Court 2015Dadan217897) accepted the Defendant’s claim on January 12, 2016.

Therefore, although the non-party clan appealed, the appellate court (Seoul High Court 2016Na2008297) dismissed the appeal on July 14, 2016, and on November 10, 2016, the appeal by the non-party clan was dismissed (Supreme Court 2016Da242662).

(hereinafter “Prior Lawsuit”). C.

In relation to the claim for damages, the Defendant filed an application for the confirmation of litigation costs with the Sungwon District Court Branch Branch of 2016Kao80431, and received a final decision on December 27, 2016 from the above court for the confirmation of litigation costs against the non-party clan.

In addition, the defendant is also the defendant.