The plaintiff's appeal is dismissed in entirety.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

purport.

1. In the first instance trial, the Plaintiff filed a claim against the Defendants: ① KRW 2.1 million unclaimed out of the down payment of the lien transfer contract of the instant building No. D; ② KRW 20 million unclaimed out of the down payment of the instant building E lease contract of the instant building No. 30 million; the first instance court accepted only the claim against the Defendant B; ② the claim against the said Defendant and the claim against the Defendant C (hereinafter “Defendant Company”) were dismissed.

However, since only the plaintiff filed an appeal against the claim ② (see, e.g., the purport of appeal and the application for change of cause on January 16, 2020), the scope of the judgment of this court is limited to the claims against the defendants.

2. Basic facts

A. Defendant Company is a company engaged in construction business, remodeling business, etc., and Defendant B is a company director of Defendant Company who actually operates the said company as an internal director.

B. Defendant B resided in Seocho-gu Seoul Metropolitan Government G Building (hereinafter “instant building”) H, which was implemented by the F (hereinafter “F”), and managed the said building D and E, Defendant B, upon receiving KRW 150 million from the Plaintiff around February 12, 201, agreed to transfer the possession of the instant building D to the Plaintiff, and received KRW 3 million as the down payment.

C. After receipt of the Plaintiff’s proposal to lease No. E in lieu of the foregoing building No. D, Defendant B, around March 201, operated F In-house Directors I with the Plaintiff, and consulted on the terms and conditions of the above E-Lease lease in the first place.

On March 14, 2011, the Plaintiff remitted KRW 30 million to Defendant B’s account, and on the same day, Defendant B prepared a receipt in the name of the representative director of the Defendant Company, stating “30 million won to the Plaintiff as the contract deposit set forth in the instant building E-B.”

Defendant B transferred KRW 30 million to the account in the name of the wife (K) in the Republic of Korea who received the above KRW 30 million. D.

In order to exercise the right of retention on March 18, 201, L staff Co., Ltd., the F’s creditor, for the purpose of exercising the right of retention.