1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

1. Basic facts

A. On April 19, 201, the Plaintiff entered into a sales contract with the Defendant for the purchase of land E and F (hereinafter “each of the instant lands”) in KRW 50,000,000, with the Defendant’s solicitation, for the collection of earth and rocks in the Gyeongbuk-gun, North Korea, and the purchase of each of the instant lands (hereinafter “instant sales contract”).

The Plaintiff entered into an agreement with D on the same day that the Plaintiff paid KRW 190,000,000,000, out of the down payment 210,000,000 according to the instant sales contract, and the Plaintiff and the Defendant entered into an agreement that “the Defendant shall preferentially pay KRW 210,00,000,00, which is invested in the Plaintiff’s business, to the Plaintiff

B. According to the instant sales contract, the payment of down payment of KRW 210,000,000 was made on the condition that two provisional registrations were cancelled, which was completed on the land of the Gyeongbuk-gun, Northbuk-gun. However, D did not cancel the said provisional registration even after receiving the down payment of KRW 210,000,000.

Accordingly, on July 4, 201, D returned KRW 160,000,000, out of the down payment received according to the instant sales contract, to the Plaintiff and the Defendant delegated the business authority for each of the instant lands by the Defendant, until the provisional registration is cancelled.

However, C invested the above KRW 160,000,000, which was returned from D, as the cost of the development project promoted by the Defendant at the time without the consent of the Plaintiff.

C. On September 16, 2012, the Defendant entered into an agreement with the Plaintiff and the Defendant requesting the return of KRW 160,000,000, which is the amount to be reverted to the Plaintiff, to the Defendant without the Plaintiff’s consent (hereinafter “instant agreement”). The Defendant confirmed that C voluntarily paid KRW 160,00,000,00, which is the amount to be reverted to C, from the Defendant without the Plaintiff’s consent, was the amount to be reverted to C, and that “The Plaintiff shall return the said KRW 160,00,000,000, not later than December 31, 2012” (hereinafter “instant agreement”).

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1 through 7, the whole pleadings.