Defendant D, around April 2006, was placed in the circumstances where it is difficult for Defendant D to cope with the construction cost while carrying out a new construction work on the religious site and graveyard (hereinafter “instant real estate”) of H and four parcels in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seoul (hereinafter “instant real estate”).

B. Accordingly, Defendant C, the representative of Defendant D, passed a resolution to obtain the money of Plaintiff A along with Defendant D, and around April 12, 2006, the Plaintiff made a false statement to the effect that “the actual owner of the instant real estate is E” and issued a written consent for land use along with a certificate of personal seal impression.

Accordingly, on April 13, 2006, Plaintiff A transferred KRW 200 million to E’s father as the down payment and around August 3, 2006, and around that time, Plaintiff A paid KRW 4352,520,000 to E in total 21 times from that time to August 3, 2006.

C. On July 13, 2011, the Seoul Central District Court recognized the above deceptive act against Defendant C and E (hereinafter “the instant deceptive act”) as a fraud and sentenced to imprisonment (one and a half years of imprisonment), with labor (one year and six months of imprisonment).

Defendant C and E appealed as Seoul Central District Court 201No2575, and Supreme Court Decision 2011Do15736, but each appeal was dismissed.

2. As to the cause of claim

A. According to the facts of the Plaintiff A’s claim against the Defendants, it is reasonable for the Plaintiff A to dispute the existence or scope of the obligation of the Defendant C from August 3, 2006, which the Plaintiff sought against the Defendant C and its employer, with respect to the management of the instant real estate and the execution of the instant duties, such as the construction of a conspiracy plant.