1. The plaintiff's claim is dismissed.

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

1. The plaintiff's assertion

A. On March 25, 2012, the Plaintiff entered into a sales contract to purchase part of 462 square meters of the land E from E and E (hereinafter “instant sales contract”); paid KRW 48.5 million as the down payment on the date of the contract; and KRW 200 million as the intermediate payment on March 29, 2012.

However, on January 17, 2013, the Plaintiff did not pay any balance, and prepared a written confirmation of termination of the contract that the instant sales contract will be cancelled to the said company.

Therefore, the non-party company is obligated to return the remaining KRW 200 million offset by the amount of damages of KRW 48.5 million paid by the Plaintiff to the Plaintiff as the restitution to its original state.

B. (1) The non-party company's capital is less than the non-party company's capital, and (2) the defendant, who is a representative director of the non-party company, advertised the land located in Ischeon-si several times, (3) the non-party company completed the registration of ownership transfer to the director of the non-party company F who is not the non-party company, and established the right to collateral security with the defendant as to the land, and (4) considering the above circumstances, the non-party company did not hold the board of directors or the general meeting of shareholders. Thus, the non-party company was punished as corporate in the non-party company to the extent that it is not merely the defendant company, or the defendant abused the legal personality of the non-party company to be exempted from its responsibility

The obligation to return unjust enrichment stated in the subsection is responsible for performance.

2. Determination

A. According to the evidence evidence Nos. 1 through 5, the non-party company is obligated to pay KRW 200 million to the Plaintiff due to the rescission of the instant sales contract, and the Seoul Central District Court on September 17, 2015 in the case of refund of the purchase price in 2014Gahap543533, and the non-party company is obligated to pay KRW 200 million to the Plaintiff.