1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The Defendant is operating a “C” golf course with a company that establishes and operates a golf course, and D substantially operates the Defendant Company.

B. On August 22, 2011, the Plaintiff issued to D a check issued in the name of G, the Plaintiff’s wife, KRW 500 million.

C. On August 24, 2011, the Defendant entered into a share transfer contract with the Defendant’s preferential shares of KRW 200,000 (hereinafter “instant shares”) in the name of the Plaintiff to acquire KRW 460,000,000. On the same day, KRW 460,000,000 among the checks issued to D was paid as share transfer price.

On December 26, 2012, the Plaintiff again transferred the shares of this case to the Defendant at KRW 460 million.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1, Gap evidence 3, Eul evidence 7-1 through 4, the purport of whole pleadings

2. Around August 2011, D, the Defendant’s actual operator of the Defendant’s assertion, proposed that the Plaintiff “as a result, after acquiring the Defendant’s shares from a third party, the Defendant sold the shares to the Defendant,” and that the Plaintiff accepted this.

The Plaintiff and D agreed that the purchase price of shares shall be borne by the Plaintiff, and the contract with a third party shall be concluded on behalf of the Defendant, and the purchase price of shares borne by the Plaintiff shall be returned at the time of resale to the Defendant later.

According to the above agreement, the Plaintiff paid KRW 460 million to E on August 24, 2011, and acquired the instant shares from E, but transferred the instant shares to the Defendant on December 26, 2012.

Therefore, the defendant is obligated to pay to the plaintiff the agreed amount of KRW 460 million and damages for delay.

3. Determination

A. As seen earlier, on December 26, 2012, the Plaintiff is aware of the transfer of the instant shares to the Defendant of KRW 460 million.

(b) Eul evidence 1, 2, 9, 10, Eul evidence 3-1 to 5, Eul evidence 5-1 to 4, Eul evidence 6-1, 2.