A. On July 3, 2015, the Defendant purchased the Seocho-gu Seoul Metropolitan Government Seoul Metropolitan Government Category C (hereinafter “instant land”) from the Plaintiff, and solicited the Plaintiff to invest KRW 300 million in the business of newly constructing and leasing multi-household housing (hereinafter “multi-household housing”) with the fourth floor size on the instant land (hereinafter “instant business”). On the instant business, the Defendant, upon investing the said KRW 300 million in the instant business, intended to pay KRW 50 million to the Plaintiff through the sale or lease of multi-household housing in the instant case.

B. Accordingly, the Plaintiff asserted that on July 10, 2015, the Plaintiff paid KRW 150 million to the Defendant on August 21, 2015, and August 21, 2015, the Plaintiff paid KRW 150 million to the Defendant on August 24, 2015. However, according to the statement in subparagraph 1, the Plaintiff appears to have paid KRW 150 million to the Defendant on August 21, 2015.

A total of KRW 150 million paid KRW 300 million.

C. On December 14, 2015, the Defendant drafted to the Plaintiff a letter of undertaking (a letter of non-acceptance; hereinafter “instant letter of undertaking”) with the following content as follows:

(1) On July 10, 2015, when the debtor purchases the housing located in Seocho-gu, the debtor borrowed KRW 150,000,000 from the above creditor as the down payment on July 10, 2015, and on August 21, 2015, he/she has a total of KRW 300,000 ( KRW 150,000) loaned the intermediate payment of KRW 150,000 ( KRW 300,000) as the intermediate payment on August 21, 2015. 2. The above debtor promised to first pay KRW 30,000 ( KRW 50,000,000) by reconstruction the housing located in Seocho-gu as the multi-household household and completing the construction of the housing located in Seocho-gu. 3. The debtor promises to take the criminal responsibility of KRW 500,000,00,000 to the maximum extent possible at the time of seeking the new house.

The instant multi-household house was newly built on May 18, 2016 as the first floor, the fourth floor, and the first floor in the rooftop, which was completed around May 18, 2016.

On June 8, 2016, registration of ownership preservation has been made in the name of the defendant.