The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The purport of the claim and the purport of the appeal are the judgment of the first instance.

Basic Facts

On January 15, 2008, the original Defendant and D (hereinafter referred to as “Plaintiff, etc.”) made an agreement that, by investing money together at the end of 2007, they would receive the successful bid for the auction real estate under the name of a stock company, sell or lease it (hereinafter “instant agreement”). Under the instant agreement, on January 15, 2008, the Plaintiff acquired 100% of the issued shares of the Co., Ltd (hereinafter “Non-Party Company”) (Plaintiff 20%, D20%, Defendant E) (the Defendant’s wife E) pursuant to the Defendant’s business purpose, registered the amendment of the articles of incorporation adding “real estate consulting, the right analysis and mediation business for real estate subject to auction, and the real estate investment advisory business,” and E was appointed as the representative director of the Non-Party Company on January 15, 2008.

On September 5, 2008, the non-party company acquired the ownership of the instant real estate in a voluntary auction procedure with respect to the buildings with F 849.1m2 and the above 4m2 above ground level (hereinafter collectively collectively referred to as “the instant real estate”).

The successful bid price at the time was KRW 1 billion in investment by the Plaintiff, etc. (=Plaintiff 450 million in total) and KRW 1.69 billion in total amount of claims on the instant real estate, and was appropriated for KRW 1.3 billion in the name of the non-party company as loans received from the G association in the name of the non-party company.

From October 17, 2011 to June 17, 2013, Nonparty Company remitted to the Plaintiff KRW 2,400,000 per month (total of KRW 50,400,00) over 21 times a month.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 2, 4, and 8, Eul evidence No. 4 (including branch numbers)

The plaintiff et al. acquired the company of this case together with the plaintiff et al. to claim the purport of the whole pleadings and testimony of witness D of the first instance trial. The plaintiff et al. concluded a partnership agreement with the purport that the real estate of this case will be leased by winning a successful bid in the auction procedure. The plaintiff's equity investment amount is KRW 480,250,000.

Then, according to the plaintiff's claim for return of shares following the withdrawal from the partnership, the defendant shall pay the plaintiff KRW 480,250,000.