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 entered into a contract with C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) and “Insan City Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) to purchase KRW 35890,00,00 for the purchase price and KRW 3,589.

B. Around March 30, 2007, the Plaintiff paid KRW 4.3 million to G, which was a lessee of the instant apartment, and transferred KRW 3.5 million to H’s account in the name of the non-party company, as the intermediate payment of the instant apartment, and KRW 10 million on May 29, 2007, to the non-party company’s account in the name of H where the non-party company works.

C. On August 8, 2007, the Daegu District Court Gyeongsan District Court 34305, which received on August 8, 2007, completed the registration of ownership transfer on the ground of sale and purchase on July 9, 2007. On the same day, the Defendant created a mortgage on the apartment of this case with the I Bank and received a loan of KRW 18 million in the name of the Defendant and paid the said money to the non-party company as the remainder of the apartment of this case.

The defendant has paid the principal and interest of KRW 18 million up to now.

On July 2007, the Plaintiff leased the instant apartment to J, and received from J the rent of KRW 400,000,000 per month until September 6, 2007. From October 1, 2007, the Defendant solely leased the instant apartment and gains rent of KRW 1.2 million.

[Reasons for Recognition] Facts without dispute, Gap evidence 4, 2-2, 7-2, 9, 13, 17-5, and the purport of the whole pleadings

2. Determination

A. The Plaintiff, who was in sale of the E Apartment No. 1 (K), intended to additionally purchase the E Apartment No. 3, including the instant apartment complex, but the said apartment complex is a rental house and only one unit of bonds is to be sold. Thus, the Plaintiff leased the Defendant’s name to purchase the instant apartment.

Accordingly, the plaintiff 1,7.8 million won = 4.3 million won per 3.5 million won.