1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the defendant is dismissed.

3...

1. Basic facts

A. On February 24, 2018, the Plaintiff was solicited by the Defendant and the co-defendant C of the first instance trial to fire the state-owned land in Jung-Eup-si, and transferred KRW 30 million to the Defendant’s account as the down payment on February 27, 2018.

B. The Defendant remitted KRW 28 million out of the above KRW 30 million to the account in C’s wife E.

C arbitrarily used most of the above 28 million won.

C. The Plaintiff and C conspired with the Defendant, “The Plaintiff, in collusion with the Defendant, received KRW 30 million as the down payment for the state-owned land by the Plaintiff, and accused the defrauded,” and C was indicted as a crime of fraud against the Plaintiff, and the said judgment became final and conclusive upon being sentenced to a suspended sentence of two years (Seoul District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch)

The Plaintiff received respectively KRW 1,200,000 on July 30, 2019 from the Defendant, and KRW 800,000 on July 31, 2019, and received KRW 30 million from C.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4 (including additional number), Eul evidence 1 to 6, the purport of the whole pleadings

2. The assertion and judgment

A. (1) The Plaintiff’s assertion (1) asserts that the Plaintiff sought payment of the money claimed against the Defendant by asserting as follows.

① The Plaintiff, at the Defendant’s recommendation, remitted KRW 30 million as the down payment for the State-owned land located in Jung-Eup as the down payment.

② The Defendant, in collusion with C, received 30 million won as the down payment for the price of the State-owned land from the Plaintiff, even though the Defendant could not receive the State-owned land from the Plaintiff.

③ Therefore, the Defendant is jointly and severally liable to pay the Plaintiff KRW 60,000,000,000 as a part of the down payment, as compensation for damages.

(2) The defendant alleged as follows and the defendant asserted that he cannot respond to the plaintiff's claim.

① In other words, the Defendant only recommended the Plaintiff to purchase the State-owned land at a low price, in collusion with C, to make an investment.