1. The plaintiff's claim is dismissed.

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

1. The plaintiff's assertion that the plaintiff would purchase and sell the land on B and 2 lots owned by the plaintiff (hereinafter "the land in this case") by constructing and selling the land for factory (hereinafter "the construction in this case"), and C has received the above construction and trade mediation.

However, C unilaterally ceased to proceed with the construction work, and the creditor did not pay the money under the name of the plaintiff, resulting in a provisional attachment of the land of this case by the date of provisional attachment.

Under this circumstance, the defendant entrusted the instant construction to the plaintiff himself, and proposed that the provisional attachment related to C will be resolved in advance of the construction cost and the remainder will be completed.

On May 21, 2015, the Plaintiff entered into a construction contract with the Korea Land Development Corporation (hereinafter “Korea Land Development Corporation”) operated by the Defendant with a contract amount of KRW 600 million, and deposited advance payment of KRW 50 million into the said company on May 21, 2015.

The three provisional seizures established on the instant land that the Defendant received advance payment was terminated, and the Plaintiff was able to obtain a loan as security, and paid a total of KRW 450 million for the development of Korea’s land as construction cost.

The Plaintiff was aware that the Defendant, as the said money received from the Plaintiff, settled all the C-related obligations, and thereafter, C-related creditors seized the instant land again.

Therefore, although the plaintiff demanded that the defendant submit the details of the disbursement of KRW 490 million and the evidential documents, the defendant is not in compliance with this request, and the defendant is avoiding contact.

Ultimately, the Defendant, even if receiving money from the Plaintiff from the beginning, did not intend or have the ability to perform the construction work or resolve C-related obligations, by deceiving the Plaintiff, thereby deceiving the Plaintiff to acquire KRW 490 million from the Plaintiff.

The plaintiff is used to meet the actual purpose of use among the above money obtained by the defendant.