1. The Defendant’s KRW 12,920,200 as well as 5% per annum from August 29, 2005 to March 5, 2015 to the Plaintiff.

1. On July 15, 2005, the basic facts C sold to F the amount of KRW 100 million (hereinafter “instant real estate”) of KRW 717 square meters in the D warehouse site in Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, and KRW 15,402 square meters in E-U.S. (hereinafter “instant real estate”).

The F sold the instant real estate in KRW 170 million to the Plaintiff and the Defendant without completing the registration of ownership transfer on August 18, 2005 after the purchase of the instant real estate as above, and the F sold the instant real estate in KRW 170 million (hereinafter “instant sales contract”). However, since the registration of ownership transfer was not completed in the F’s name, the seller of the instant sales contract is indicated C and C’s seal is affixed), and on September 5, 2005, the registration of ownership transfer was completed in the name of the Plaintiff and the Defendant with respect to each share of KRW 1/2 of the instant real estate.

On the other hand, on August 29, 2005, the Plaintiff remitted KRW 100 million to the Defendant as the sales price of the instant sales contract.

According to the sales contract of this case, 1530,000 won for the buyer's brokerage commission (no dispute between the parties), 1,463,60 won for registration, and 1,16,00 won for acquisition tax was borne by the defendant.

[Ground of recognition] Facts without dispute, Gap 2's evidence 1, 2, 3, Gap 5's evidence 1, 2, Gap 6's evidence, Eul 1, 2's evidence, and the purport of the whole pleadings

2. The parties' assertion

A. The Defendant, even though the purchase price of the instant sales contract was KRW 170 million, recommended the Plaintiff to purchase KRW 1/2 of the instant real estate in KRW 120 million, by deceiving the Plaintiff as KRW 243 million.

When the defendant pays only KRW 100 million, he/she shall complete the registration of ownership transfer in the name of the plaintiff with respect to the 1/2 shares out of the real estate of this case, but the defendant agreed to title trust the plaintiff with respect to the shares exceeding KRW 100 million ( KRW 1/2-100,240,000,000), which are the plaintiff's shares, ( KRW 1/2-100,000,000).

Therefore, the defendant's actual purchase price of 243/10 of the real shares owned by the plaintiff among the real property of this case x 170 million won x 100 million won.