1. Of the judgment of the court of first instance, the part of the preliminary claim in the judgment of the court of first instance is modified as follows.

B and the defendant, respectively, in attached Form 1.

1. The reasons why the court should state this part of the facts are identical to the corresponding part of the judgment of the first instance, if it excludes the addition of “date of closing pleadings” in the front of the present “current” of the first instance judgment, as stated in the main sentence of Article 420 of the Civil Procedure Act.

2. Summary of the plaintiff's assertion

A. The primary claim B (debtor) donated the pertinent amount to the Defendant (beneficiary) by transferring the instant amount under excess of the obligation, which constitutes a fraudulent act.

Each relevant gift contract shall be revoked, and a payment of KRW 341,816,025 shall be sought from the defendant as a result of the reinstatement.

B. If the remittance of the instant conjunctive claim is not a donation, B made a title trust with respect to the instant remittance to the Defendant, which constitutes a fraudulent act.

Upon cancelling the title trust agreement for each of the accounts in question within the scope of KRW 341,816,025 of the total amount of the remittance of this case, 308,392,263 won (i.e., payment of KRW 341,816,025 (i.e., total sum of the accounts balance - KRW 33,423,762) in the separate sheet (ii), transfer of claims for return of deposits and transfer of claims for the balance of each account listed in the separate sheet (ii) shall be notified.

C. A deposit owner title trust agreement was concluded between B and the Defendant with respect to the instant remittance. Since the Plaintiff, a trustee in bankruptcy of the Seoul Mutual Savings Bank in charge of the Seoul Mutual Savings Bank in charge of the settlement of accounts, a creditor, terminated the said deposit owner title trust agreement by delivering a copy of the preparatory document as of December 21, 2015, in subrogation of insolvent B, the Defendant is obligated to transfer the deposit return claim due to the instant remittance to B.

However, by withdrawing most of the money remitted by the Defendant, the sum total of the deposit balance in the relevant account is only 3,423,762 won as shown in attached Form 2.

The defendant is obligated to transfer his claim for the return of deposit in the balance to B and to notify the transfer thereof.