1. The plaintiff's appeal and the plaintiff's conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

1. Basic facts

A. On November 26, 2013, the Plaintiff lent KRW 50 million under the name of land purchase expenses, and KRW 40 million under the name of a model house exhibition hall deposit, etc. around December 2013, to the land industrial development (hereinafter “land industrial development”) that implements a partnership housing project.

B. On November 26, 2013, the development of the land industry entered into a sales contract with the Defendant to purchase each of the lands listed in the separate sheet owned by the Defendant (hereinafter “each of the instant lands”) in the purchase price of KRW 3.86 billion and the down payment of KRW 500 million (hereinafter “instant sales contract”). On the same day, the Defendant paid KRW 50 million (hereinafter “instant contract amount”) in the name of the contract amount for land sale.

C. Upon receipt of the instant agreed amount on November 26, 2013, the Defendant prepared a written statement stating that “When the application for the establishment of a regional housing association was known by May 31, 2014, the instant agreed amount shall be immediately returned, and when approval (permission) is granted for the establishment of a regional housing association, it shall be reverted to part of the land contract amount.”

In addition, on the same day, the development of the land industry receives the Plaintiff the amount of “(50 million won)” in the name of the Defendant’s prop agreement money for the apartment project of the regional housing association in the Dongducheon-si, and at the time of the continuation of the project, at the time of the payment of prop contract money, it confirms that at the time of termination of the project, the said amount should be reverted to you at the time of termination;

However, on October 28, 2014, prior to the expiration date of the term of validity of the instant sales contract, the Defendant and the land industry development concluded a new sales contract for each of the instant land (hereinafter “instant secondary sales contract”) on October 28, 2014.

The main contents are as follows: KRW 4.2 billion and down payment are KRW 500 million; KRW 50 million in the instant contract deposit is replaced by part of the down payment; KRW 100 million in the down payment is until November 30, 2014; and remainder.