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. The parties’ relationship and the Defendant have long-standing relationship with the Plaintiff. Around November 2002, the Plaintiff invested funds in the name of the Plaintiff, and agreed to purchase the land and the four-story neighborhood living facilities and the housing (hereinafter “instant real estate” by combining each of the above real estate, and when they refer only to the above land, they purchased the pertinent land and jointly lease business (hereinafter “instant joint lease business”) using the above real estate.

B. On November 30, 2002, the Plaintiff and the Defendant purchased the instant real estate at KRW 2.4 billion (hereinafter “instant sales contract”) from the Seongbuk Branch Saemaul Treasury on November 30, 2002.

On December 6, 2002, the Plaintiff and the Defendant completed the registration of ownership transfer in the future of the Plaintiff. 2) In lieu of paying a part of the instant real estate purchase price, the Plaintiff and the Defendant acquired from the Seongbuk Saemaeul Community Depository the obligation to refund KRW 498.9 million in total the deposit amount under the instant lease agreement on the instant real estate. A part of the instant real estate was leased to the Seongbuk Saemaeul Community Depository for KRW 300 million (hereinafter “instant lease agreement”), and the said deposit was deducted from the sales amount of the instant real estate.

3) The Plaintiff invested KRW 1.6 billion in cash and the Defendant’s wife (hereinafter “Defendant”) in order to raise purchase funds, including the remaining real estate purchase price of this case: KRW 1.6 billion (=2.49 billion - KRW 499 billion - KRW 399 billion) and other acquisition funds, including the registration tax, etc.

On December 6, 2002, the Defendant’s land and its ground buildings owned by Yangcheon-gu Seoul Metropolitan Government (hereinafter “Defendant’s wooden real estate”).

(1) 40 million won (hereinafter referred to as “instant Defendant’s loan”) from the Seongbuk Branch Saemaul Treasury as security.

In addition, the Plaintiff and the Defendant secured the instant real estate on the same day, Korea Bank (hereinafter referred to as “Korea Bank”) in the name of the Plaintiff.