1. The plaintiff's appeal against the defendants and the defendant B's appeal are all dismissed.

2. The costs of appeal are assessed against the plaintiff and the defendant.

1. Basic facts

A. around April 201, Defendant B and E agreed with the Plaintiff that the Plaintiff would receive KRW 100 million from the Plaintiff and purchase the building with the said money, and that the Plaintiff would pay KRW 10 million from the profits accrued from the resale or removal of the building, and that the remainder of the profits accrued from the sale of solid water would be divided into Defendant B and E.

B. After receiving KRW 100 million from the Plaintiff, E purchased at KRW 100 million from F on April 21, 201 200, two buildings that are being removed on the ground outside the G of the Gowon-gun, Jeon Chang-gun (hereinafter “instant building”).

C. Since then, the Plaintiff, Defendant B, and E decided to sell the instant building to H under the above conditions, and the Plaintiff paid the down payment of KRW 100 million received from H to the Plaintiff.

H intended to remove the instant building after purchasing it, but failed to perform the removal work on the grounds of the lower court’s lower judgment, which was the mortgagee of the instant building, the lower court revoked the sales contract for the instant building on the ground that: (a) refund of KRW 100 million for the down payment already paid by Defendant B and E to receive KRW 40 million for penalty; and (b) cancellation of the sales contract for the instant building.

E. In order to raise money to be returned to H, Defendant B and E expressed that, around July 9, 201, the Plaintiff would pay KRW 120 million,00,000,000,000, which was previously promised to return to H, to the Plaintiff, plus KRW 10,000,000,000,000,000, which was already promised to be paid to the Plaintiff. Accordingly, the Plaintiff wired KRW 30,000,000 to Defendant D’s account on July 9, 201, and KRW 70,000,000 on July 11, 201, respectively.

F. Meanwhile, the Plaintiff filed a criminal complaint against Defendant B and E with an investigative agency regarding the instant case (hereinafter “related criminal case”), and as a result of the investigation, the amount that the Plaintiff remitted to the Defendant B is highly likely to be borrowed, but part of the amount of Defendant B is likely to be borrowed.