1. The plaintiff's motion for modification shall be dismissed.

2. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The plaintiff is the representative director of C.

B. On September 25, 2017, the Plaintiff and C Co., Ltd. filed a lawsuit against D and E (hereinafter “E”) seeking compensation for damages (this Court Decision 2018Da73222) due to nonperformance of obligations under the written agreement between them, and sentenced on August 22, 2018, “D and E jointly and severally pay 195 million won to the Plaintiff and C Co., Ltd., and the said judgment became final and conclusive around that time.”

[Reasons for Recognition] Facts without dispute, entry of Gap 1, 4, and 5 evidence (including each number), the purport of the whole pleadings

2. Determination on the cause of the claim

A. On January 8, 2018, the Plaintiff’s assertion D purchased G apartment H housing (hereinafter “instant real estate”) from F in the name of the Defendant, which is his own child, in the name of the Defendant, for KRW 22,90,000,000, and completed the registration of ownership transfer in the name of the Defendant.

Since D has trusted the real estate of this case to the Defendant, D has a claim for return of unjust enrichment equivalent to the above purchase price against the Defendant.

Therefore, the Plaintiff’s claim for the return of unjust enrichment against the Defendant by setting the Plaintiff’s damage claim against D as the preserved claim, and the Defendant is obligated to pay the Plaintiff the amount of KRW 195 million out of the amount of unjust enrichment equivalent to the above purchase price and the delay damages therefrom.

B. As to whether the judgment D purchased the apartment of this case in the name of the defendant and purchased the apartment of this case in the name of the defendant, it is not sufficient to recognize it only by the descriptions of health room, Gap evidence No. 9, and Eul evidence No. 1. The plaintiff's above assertion is without merit.

3. On November 21, 2019, the Plaintiff rendered a judgment on an application for modification of a lawsuit, “The Plaintiff has a claim for damages against E, for which the judgment became final and conclusive. E lends KRW 50 million out of the purchase fund of the instant real estate to the Defendant. As such, the Plaintiff’s claim against E.