A. The Defendant was a legal entity established to promote an urban development project using land substitution method (hereinafter “instant project”) on a scale of 98,179 square meters in Seo-gu, Seoan-gu, Seoan-gu, Seocheon-si, Incheon. D was in office as the head of the Defendant’s association and was dismissed on January 30, 2019.

B. On August 2, 2017, the Plaintiff drafted an agreement on real estate trade with the Defendant to purchase land allotted by the authorities in recompense for development outlay regarding the instant project executed by the Defendant (hereinafter “instant agreement on sale”) and entered into between the Plaintiff and the Defendant on the real estate transaction agreement entered into between the Plaintiff and the Defendant (hereinafter “instant agreement”).

The special terms and conditions of the instant sales agreement stipulate as follows: “The instant contract is a general sales contract for the recompense land for development outlay under the B Urban Development Project, which may be sold and purchased in preference to all others after the rent according to the current land substitution plan.”

C. The Plaintiff prepared the instant real estate transaction agreement, and then remitted KRW 150,000,00 to the account in the name of the Defendant on the same day, and received a receipt from the Defendant that received KRW 150,000,000 from the Defendant as the purchase and sale agreement amount of the Defendant’s general development recompense land, and ② on August 30, 2017, remitted KRW 50,000 to the Defendant’s account in the name of the Defendant, and received KRW 50,00,000 from the Defendant under the name of the Defendant’s general development recompense land as the purchase and sale agreement amount.

On the other hand, the Plaintiff, at the time of December 31, 2018, remitted KRW 30,000,000 to an account under the name of D, which was the head of the Defendant’s partnership. On January 3, 2019, the Plaintiff received from D a certificate of borrowing stating that “the Plaintiff borrowed KRW 30,000,000 from the date borrowed on December 31, 2018, as the Plaintiff borrowed KRW 31,200,000.” The said certificate of borrowing is written as “the Defendant’s president D,” and the official seal of the Defendant’s association is affixed after the said name.

[Ground of recognition] The fact that there has been no dispute, Gap's 1 through 7 evidence, Eul's 1 (including the number of branches), and all pleadings.