1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Basic Facts

C The amount of KRW 40 million was remitted to D on September 22, 2015 under the name of C Co., Ltd., and KRW 38 million was remitted to the Defendant on the same day.

(hereinafter “instant KRW 40 million”). From the account under the name of E, KRW 10 million was remitted to the Defendant on May 9, 2016.

(hereinafter referred to as “instant KRW 10 million”). E (F) on August 31, 2016, the Defendant transferred KRW 26 million to G Co., Ltd. on the same day, and KRW 36 million on the same day.

(hereinafter “instant KRW 62,00,000” (hereinafter referred to as “instant 62,00 won”) . [Grounds for recognition] without dispute, the respective statements in Gap 2,4, and 6 (including the serial number; hereinafter the same shall apply), witness D’s witness witness D’s testimony, and the overall purport of the pleadings, the Plaintiff Defendant requested the Plaintiff to transfer the said KRW 40,000 to the Plaintiff as a provisional contract deposit, with respect to KRW 40,000,000,000,000,000,000,000,000,000,000,000,000,000,000

However, in fact, the defendant deceivings the plaintiff even though he did not have any intention or ability to conclude the above sales contract or return the provisional contract money.

If the above sales contract is not concluded, the defendant agreed to return the above money to the plaintiff. Thus, the defendant is obligated to return the agreed money to the plaintiff.

Defendant Plaintiff transferred KRW 40 million to D account as agreed money to sell 200,000 among the above Ji land in installments.

The Plaintiff and C Co., Ltd. are separate corporations, and those who remitted the above KRW 40 million to C, not the Plaintiff. Thus, the instant claim seeking payment to the Plaintiff is without merit.

With respect to the instant KRW 10 million, when the Defendant received KRW 10 million from the Plaintiff, the Plaintiff divided the site for the South-west-gun KK into ten sites within three months, and if it is not divided within the said period, the said money will be returned to the Plaintiff.