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.

Basic Facts

On April 16, 2016, G (the Plaintiff’s punishment is imposed) representing the Plaintiff and E drafted a sales contract with the Defendant on April 16, 2016, which was signed on April 16, 2016 between the Plaintiff and the buyer for the purchase price of KRW 150 million in the name of the Plaintiff and the E purchase price of KRW 74.1 square meters (hereinafter “instant land”).

(A) On August 26, 2015, prior to the instant sales contract, the Defendant concluded a sales contract to sell the Defendant’s shares in the instant land to H and one other (hereinafter “H, etc.”), but the said sales contract was reversed after the down payment was made only KRW 20 million.

G and the Defendant paid the down payment of KRW 20 million according to the instant sales contract.

The contract deposit, i.e., the down payment that the Defendant received from H, etc., shall be substituted by KRW 20 million.

On April 18, 2016, the Plaintiff remitted KRW 100 million to the Defendant, and issued KRW 180 million on April 19, 2016, a total of KRW 4,000,000,000, total amount of KRW 800,000,000.

On April 19, 2016, the Plaintiff and E completed the registration of ownership transfer for each of the instant land 1/4 pursuant to the instant sales contract.

On the other hand, the letter of commitment to payment between E and the defendant was prepared on August 26, 2015, as follows:

(A) No. 9-1 = A Certificate No. 10, hereinafter referred to as the “instant letter of payment undertaking”). The amount set forth above shall be the sale balance to the Defendant and shall be returned within the agreed terms, conditions and date, and shall be signed and sealed by the following.

The terms and conditions of the return of this instrument at the time of receipt of the said money, provided that the said money was not disputed (based on recognition) by April 19, 2016, the said money was written in the statement in Gap 1, 2, 3-1, 2, 9-1, 5-1, 2, 6-1, 6-3, 7-1 through 3, 7-1, 7-1, 7, and 7-3, and the witness G of the first instance and the trial court.