1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

2. The defendant.

1. Basic facts

A. The Plaintiff is a corporation established on June 1, 2006 for the purpose of real estate sales business, lease business, etc.

C and the defendant are shareholders of the plaintiff who hold 50% of the total number of shares issued by the plaintiff, and C is the representative director of the plaintiff, and the defendant is the internal director.

B. On Aug. 16, 2004, C, the Defendant, and I purchased D 665.8 square meters (hereinafter “instant land”) from North Korea-gu, North Korea-si, North Korea-si in the amount of KRW 670 million, and the Defendant completed the registration of ownership transfer on the date.

The purchase shares of the instant land were 1/4, and 1/2 of C and the Defendant respectively, but C and the Defendant acquired 1/2 of the I’s purchase shares.

As a result, C and the defendant's final share in the land of this case are 1/2 each.

On January 4, 2011, the registration of transfer of ownership in the name of the plaintiff was completed due to the sale.

C. On June 2006, the Plaintiff purchased the purchase price of KRW 698,000,000,000,000 from JJ 1539 square meters of land allotted in recompense for development outlay (which shall be the 1,541.2 square meters of K-gu, Northern-gu, Pohang-si, in accordance with the confirmation of replotting; hereinafter “K land”). From July 2008 to August 2008, the Plaintiff started construction of the building on the K land and completed construction on the K land around August 2009.

C and the Defendant obtained several loans from the Posting Fisheries Cooperatives (hereinafter “Posing Fisheries Cooperatives”) in order to raise the purchase price, etc. for the instant land and the K land purchased in the name of the Plaintiff. As security for each of the instant loans, the registration of establishment of each of the instant land in the name of the Posing Fisheries Cooperatives was completed, as set forth in Nos. 1, 3, 6, and 8 of the Posing Port Table as follows.

E. Meanwhile, from around 2004 to around 2008, F remitted total of KRW 400 million to each account under the name of the Defendant, E, the Defendant’s agent, and the Defendant. In order to secure one’s claim, F completed the registration of creation of a mortgage on the instant land under the name of the obligor E, including the maximum debt amount of KRW 450 million on August 20, 2008.