1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On August 2005, the Plaintiff received KRW 215,000,000 as compensation from the Homan Construction Co., Ltd. (hereinafter “Mayang Construction”), and on September 27, 2005, transferred KRW 181,000,000 to the Defendant’s account under the name of the Defendant.

B. On September 27, 2005, KRW 30,000 was withdrawn from the NongHyup Bank account under the Plaintiff’s name, and issued cash and cashier’s checks to the Defendant.

C. On December 1, 2005, KRW 8,000,000 was transferred from the above Nonghyup Bank account under the Plaintiff’s name to the account under the Defendant’s name.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, 2, Gap evidence 3-6, Eul evidence 1-8, the purport of whole pleadings

2. The parties' assertion

A. As above, the Plaintiff deposited KRW 253,000,000 in cash or cashier’s checks issued to the Defendant, and deposited KRW 253,000,000 in total from the Plaintiff’s account under the name of the Defendant to the Defendant’s name. As such, the Defendant is obligated to refund the said KRW 253,000,000 to the Defendant and pay damages for delay.

B. Of the compensation for Defendant Yang & Yang Construction, KRW 181,00,000 deposited into the Defendant’s account, KRW 30,000,000, which was withdrawn from the Plaintiff’s account and issued to the Defendant in cash or by cashier’s checks, and KRW 219,00,000, totaling KRW 8,000, which was transferred from the Plaintiff’s account to the Defendant’s name from the Plaintiff’s account to the Defendant’s account, was paid to the Defendant for the purpose of using each of the following: (a) the Plaintiff acquired the Plaintiff’s financial obligations; (b) the repayment of the purchase price obligations to the previous owners of the said real estate; (c) the repayment of the outstanding mortgage obligations established on the said real estate; and (d) the expenses for the operation

Therefore, the defendant is not obligated to return the above money to the plaintiff.

3. Determination Doctrine, 181,000,000 won out of the compensation for Yang & Yang Construction on September 27, 2005 under the name of the defendant.