The judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

All costs of the lawsuit shall be borne by the plaintiff.

purport, purport, and.

1. Basic facts

A. On April 8, 2009, C, an employee of the Plaintiff, withdrawn KRW 1440 million from the Plaintiff’s account and used to purchase each real estate listed in the separate sheet (hereinafter “instant real estate”).

Accordingly, on November 7, 2017, the Plaintiff filed a lawsuit against Gwangju District Court 2017Gahap13510 to claim restitution of unjust enrichment. On April 5, 2018, the said court rendered a judgment that “C shall pay to the Plaintiff the amount of KRW 144 million and the amount calculated at the rate of KRW 15% per annum from January 24, 2017 to the date of full payment” (hereinafter “instant judgment”; and accordingly, the Plaintiff’s claim against the Plaintiff was determined on April 25, 2018.

B. On November 30, 2016, C’s penal directors, on behalf of C, sold the instant real estate in KRW 445 million to the Defendant (hereinafter “instant sales contract”) and completed the registration of ownership transfer in the name of the Defendant on January 2, 2017.

At the time of the instant sales contract, C had no specific property other than the instant real estate.

C. At the time of the instant sales contract, the instant real estate was registered for the establishment registration of a neighboring mortgage (the maximum amount of a claim is KRW 168 million) of the D Association, which made the debtor C on June 14, 2016, and for the registration of the establishment of a superficies as of June 15, 2016, and for the registration of the establishment of a neighboring mortgage (the maximum amount of a claim is KRW 120 million) of E, which made the debtor O on November 17, 2016. However, on December 30, 2016, the registration of the establishment of a neighboring mortgage and the registration of the establishment of a superficies of the said D Association was revoked, respectively.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, Eul evidence 1 (including numbers; hereinafter the same shall apply), Gap evidence 1, 1, 4, and Eul evidence 1, and the court of first instance's order to submit tax information at the net time of the time of the first instance, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the facts established prior to the existence of the preserved claim, the Plaintiff C.