1.The judgment of the first instance shall be modified as follows:

The defendant shall have the right to claim against the defendant in the attached list.

1. Facts of recognition;

A. 1) The Plaintiff filed a lawsuit against Suwon District Court 2012Ga28086 wage, etc. against Suwon District Court 2012Gadan28086, and in the lawsuit above, “C shall pay 48,000,000 won to the Plaintiff until September 31, 2012. If C fails to pay the above amount by the payment date, it became final and conclusive that C shall pay the unpaid amount plus damages for delay at the rate of 20% per annum from the date following the above payment date to the date of full payment.” As of the necessity of preservation, C is insolvent with no particular property.

B. On the other hand, C registered the business in the name of the Defendant, who is the title holder of the business under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, on the following grounds: (a) registered the business in the name of the Defendant on the 2, 3rd anniversary of the real estate listed in the attached list; and (b) registered the 534, 33,330 won of the business compensation in the name of the Defendant, who is the title holder of the business pursuant to the Act on Acquisition of and Compensation for Land, etc. for

C. However, C does not seek a transfer of the above claim for compensation payment to the Defendant.

[Ground of recognition] The non-contentious facts, Gap evidence Nos. 1 through 13, the fact-finding results on the Osan market by the court of first instance, the Court Administration, the National Bank, the Nonghyup Bank, the Nonghyup Bank, the Han Bank, the Korean Bank, the New Bank, the Korean Bank, the Bank, the Industrial Bank of Korea, the Ministry of Science, ICT and Future Planning, and the purport of the entire pleadings as a whole.

2. Determination

A. According to the above facts of recognition, the above business compensation claim should belong to C, who is the actual operator of the above age club. The defendant obtains without any legal ground the benefit that is the right to the business compensation of the above age club, and thereby causes C a loss equivalent to the above claim. C shall be the defendant.