1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit are assessed against D who is represented by the plaintiff.

1. Basic facts

A. On February 16, 1973, the registration of ownership transfer was made on February 17, 1973 with respect to the land area of 1,430 square meters in Gyeongcheon-gun, Jeoncheon-gun (hereinafter “the instant real estate”), and on March 28, 2008, the registration of ownership transfer was made on March 26, 2008.

B. 1) On February 21, 2013, the instant real estate was incorporated as a site for a national G complex development project and the registration of ownership transfer was completed due to expropriation to the State. (2) around October 2013, Defendant B received KRW 39,525,078 as the compensation for expropriation of the instant real estate. around that time, Defendant C transferred KRW 18,00,000 among them to Defendant C.

C. (1) On April 29, 2015, the Defendants purchased the instant real estate from the Daegu District Court as the Residential Support Assistance 2015Ra178, which was held in title trust in the F future, and embezzled by using the instant real estate for personal purposes while the Defendants received compensation for expropriation of the said real estate and kept it for the victim.

The Defendants appealed as the Daegu District Court 2015No2780 on June 30, 2015, which was prosecuted as the facts charged of embezzlement, and was sentenced to conviction on June 30, 2015. (2) Although the lower court appealed as to the said judgment, the lower court partially mitigated the sentencing, but upheld the conviction.

(hereinafter referred to as "related criminal case"). / [Grounds for recognition] The fact that there is no dispute, Gap evidence 9 (including paper numbers, hereinafter the same shall apply), Eul evidence 1, and the purport of the whole pleadings.

2. The summary of the Plaintiff’s assertion is a village community in which “one of the head of the household living in Hacheon-gun, Chungcheongnam-do, and the descendants of the deceased householder, who were living in Hacheon-gun, and one of the descendants of the deceased householder.”

However, since the real estate in this case was owned by the Plaintiff, which was purchased by the Plaintiff with the Plaintiff’s funds, it is also owned by the Plaintiff in terms of KRW 39,525,078.

However, the defendants are entitled to the above compensation.