The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The purport of the claim and the purport of the appeal are the judgment of the first instance.

Basic Facts

The defendant is a company that engages in the business of analyzing the rights to real estate and arranging the acquisition of real estate subject to real estate consulting, auction and public auction.

The Plaintiff, D, and C (hereinafter “Plaintiff, etc.”) made an agreement with the Plaintiff, D, and C (hereinafter “Plaintiff, etc.”) to make a profit by receiving a successful bid for an auction real estate under the name of a stock company by investing money together with money at the end of 2007. Pursuant to the said agreement, the Plaintiff, D, and C (hereinafter “Plaintiff, etc.”) acquired 100% of the Defendant’s issued shares on January 15, 2008 [20%, C20%, and 60% of the Defendant’s issued shares]. E was appointed as the Defendant’s representative director on January 15, 2008.

On September 5, 2008, the Defendant acquired the ownership of the instant real estate in a voluntary auction procedure with respect to F. F. 849m2 and above-mentioned 4m2 building (hereinafter collectively referred to as “instant real estate”) on September 5, 2008.

At the time, the successful bid price was KRW 1 billion in investment of the Plaintiff, etc. (=Plaintiff 450 million KRW 450 million KRW C. KRW 150 million in total) and the maximum amount of the claim amount of KRW 1.69 billion in the instant real estate was registered, and was appropriated to KRW 1.3 billion in the name of the non-party company that received a loan from the association in the name of the non-party company.

After that, C demanded the plaintiff and D to pay KRW 175 million for the purpose of returning the investment money, etc. arising from the withdrawal from the business. Accordingly, the plaintiff prepared KRW 96250,000 and KRW 78750,000,000 in total, and paid KRW 175,000,000 to C, and acquired the defendant's shares in the name of C.

On the other hand, the Defendant paid KRW 66 million to the Plaintiff out of the rent deposit received by leasing each of the instant real estate around 2011.

On October 201, the Plaintiff demanded D and the Defendant to return the investment amount due to the withdrawal from the partnership. Accordingly, the Defendant agreed to pay to the Plaintiff the amount of KRW 48250,0250,000 as the prescribed amount due to the withdrawal from the partnership (hereinafter “instant return agreement”).

According to the instant return agreement, the Defendant paid KRW 480,250,000 to the Plaintiff (i.e., the purchase price of KRW 450,000,000 borne by the Plaintiff - KRW 96,250,000 paid to C.