1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. On March 1, 2007, the Plaintiff and the Defendant cooperated with the Defendant to secure ownership through a lawsuit claiming partition of co-owned property on the land owned by the Plaintiff, Ulleung-gun C and D, and the Defendant drafted a written agreement with the Plaintiff to pay KRW 13 million to the Defendant (No. 2, No. 2, No. 145, Nov. 26, 2009, the F land was divided into the F land with a size of KRW 3,00,000,000 and KRW 98,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000).

B. On March 2, 2007, the Plaintiff paid KRW 3 million to the Defendant, and KRW 10 million to H, who is the Defendant’s husband, on October 7, 2009.

C. On December 1, 2009, I and the defendant prepared an exchange contract (Evidence No. 3, No. 2, hereinafter “instant exchange contract”) with the share of 1/3 of the land owned by the defendant and the share of 1/3 of the land owned by the defendant and the share of 1/3 of the above C and D and the share of 1/3 of the land of this case were terminated on December 4, 2009.

On January 18, 2016, the Plaintiff sent a peremptory notice demanding the return of KRW 13 million, which was paid to the Defendant as the price for the instant land.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4-1, 2, Eul evidence Nos. 1, 2, 3, 4-1, 3, 4, 5-1, 4, 6-2, 7-7, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff purchased the instant land from the Defendant through the instant agreement and paid KRW 13 million to the Defendant, and thereafter, the Plaintiff and the Defendant would exchange the said land with the Plaintiff’s shares in the shares of the Plaintiff’s land Ulllle-gun C and D.