1. The plaintiff's claim is dismissed.

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

Basic Facts

On June 20, 2014, the Plaintiff remitted KRW 190,000,00 to C’s account.

The defendant was established on July 4, 2014.

On September 29, 2014, the Plaintiff remitted KRW 30,000,00 to C’s account.

C transferred KRW 50,000,000 to the Plaintiff’s account on January 28, 2015.

On March 5, 2015, the Plaintiff: C, referred to as the Defendant’s agent on March 5, 2015; and the Defendant concluded a commercial sales contract with the Plaintiff by setting out the sales amount of KRW 220,000,00 for the sales amount of KRW 147-2, 148, 153, and 154-2, among the sales areas located in Tong-si D (hereinafter “instant commercial buildings”); the down payment is KRW 170,000,000 for the intermediate payment; and the intermediate payment is KRW 30,00,000 for the intermediate payment (date of payment: March 13, 2015); the remainder is KRW 20,000,000 for the commercial sales (date of payment: the time of the real estate sales).

(hereinafter “instant sales contract”). On March 12, 2015, the Plaintiff transferred KRW 20,000,000 to E’s account that was in office as the Defendant’s internal director.

With respect to the instant commercial building 153, the registration of ownership transfer in the F on August 27, 2015, the registration of ownership transfer in the name of G on the same day with respect to the instant commercial building 147-2, and the registration of ownership transfer in the name of H on the same day with respect to the instant commercial building 154-2.

On October 30, 2015, the Defendant remitted KRW 50,000,00 to the Plaintiff’s account.

[Grounds for recognition] The Plaintiff received a proposal for investment in the instant commercial building acquisition business from C on June 2014 and remitted the total amount of KRW 220,000,000 to C in response to the proposal.

The Plaintiff requested C to return the investment amount, and C returned KRW 50,000,000 out of the above investment amount on January 28, 2015, but C did not return the remaining KRW 170,000,000.

During that period, C purchased 147-2, 148, 153, and 154 of the commercial building of this case in 220,000,000 won to the Plaintiff, and the Plaintiff would return the investment amount to the Plaintiff by selling it in another month.

Accordingly, the plaintiff is the actual owner of C.