1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

1. Basic facts

A. The plaintiff (appointed party) and the Appointed D are children of the Appointed C (Evidence A 1), and the defendant are children of E.

(C) fact that there is no dispute;

E transferred total of KRW 41,00,000,000 to the new bank account of the Plaintiff (Appointed Party) on November 24, 2011, and KRW 1,200,000 on November 7, 2011, and KRW 5,800,000 on November 9, 201, and KRW 10,000 on November 25, 201, respectively.

(A) Evidence No. 2) (c)

E filed a complaint by the plaintiff (party owner) to have acquired the above money, and on September 27, 2018, the plaintiff (party owner company) completed the provisional attachment registration (the Jeonju District Court 2018Kadan1864) by obtaining a provisional attachment order of KRW 34,00,000 on the claim amount with respect to the F and one parcel of G building H (hereinafter "the instant real estate") owned by the plaintiff (party owner company company) and the claim amount of F and one parcel of land (hereinafter "the instant real estate").

(A) On November 201, 2011, the Plaintiff (Appointed Party) solicited E to “The Plaintiff (Appointed Party) to make a stable lease income by winning a successful bid for the commercial buildings in the spawn city and thus, E made an investment in the commercial buildings.” On November 7, 2011, a notary public in Seocho-gu Seoul Metropolitan Government I made the said solicitation to be notarized after preparing the limitation of the liability for transfer and acquisition of the “G building H” real estate awarded by K in the court of law.

However, in fact, there was no intention or ability to acquire the real estate from K who won the successful bid or transfer the ownership of E in the future.

On November 4, 201, 200,000 won, November 1, 2011, 201, the Plaintiff (Appointed Party) deceiving E, as such, obtained KRW 41,00,000 in total, including KRW 5,80,000,00 in November 9, 201, and KRW 10,000 in November 25, 201, and acquired KRW 41,00,000 in total.

E withdrawn a complaint on March 21, 2019, and the Plaintiff (Appointed Party) was indicted for a fine of KRW 3,000,000 on March 25, 2019 for the following criminal facts in order to support the High Court of the Jung-gu District on March 25, 2019.

E and L for a criminal case in which the Plaintiff (Appointed Party) filed a complaint, either KRW 17,984,180 deposited to K and KRW 20,000,000, respectively.