1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On October 30, 201, the Plaintiff entered into a construction subcontract with C as follows (hereinafter “instant subcontract”).

The name of a summary construction project: The total construction cost of KRW 108,00 (Chho Lake, steel miscellaneous construction): 265,00,000 (excluding value-added tax), the intermediate payment of KRW 265,000 (value-added tax): D building 108, 202, KRW 140,000 per household, KRW 280,000,000 per household, and KRW 280,000: The purchase price of the substitute received from the construction project shall be paid by the plaintiff at the time of sale by the plaintiff.

B. The Defendant-friendly E wired the Plaintiff KRW 180 million in total to the Plaintiff on October 11, 201, from October 11, 2011, to the Plaintiff’s account in the name of F, which is the Plaintiff’s child, to the Plaintiff, and separately paid KRW 6 million in cash to the Plaintiff.

C. On November 7, 2011, C determined the purchase price as KRW 140 million with respect to the foregoing D Building 108 Dong 302 (hereinafter “instant No. 302”) that is scheduled to be newly constructed with B as of November 7, 201, and C paid KRW 126,00,000 as of the date of the contract, and the remainder of KRW 126,00,000 on the date of the construction of the building, and at the same time, paid the remainder of KRW 302, including the receipt of the purchase price at the time of sale or sale to a third party (hereinafter “instant sales contract”).

The foregoing D Building Nos. 202 and 302 (hereinafter collectively referred to as “each of the instant loans”) had been completed on October 4, 2012 in the name of the Defendant on June 28, 2013, when the registration of ownership preservation was completed on October 4, 2012. The instant Nos. 202, and 302, respectively, were completed in the name of the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 1 and 2, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion entered into a sales contract between the Defendant and E (hereinafter “Defendant”) with respect to each of the instant loans with KRW 280,000 ( KRW 140,000 x 2) as to each of the instant loans, but the sales contract was concluded.