The part against the defendant in the judgment of the first instance shall be revoked.

The plaintiff's claim against the defendant corresponding to the above cancellation part.

1. Determination as to the cause of claim

A. The plaintiff 1) on September 25, 2008, the plaintiff 100 million won (hereinafter "the money of this case") as the purchase fund of Tong Young-si on September 25, 2008.

As the Defendant leased the instant money to the Plaintiff, the Defendant is obligated to pay the instant money to the Plaintiff with the return of the said loan. (2) The instant money is not the loan, but the investment money received with the real estate purchase fund.

In May 18, 2018, while the Plaintiff and the Defendant engaged in real estate sales business through the same business, they purchased, and decided to complete the registration of ownership transfer in the name of E, the Gosung-gun F (hereinafter referred to as “F forest”) together with E.

At the time, the plaintiff invested the money in this case for the purchase of forest land, so long as the procedure for settlement of accounts is not implemented, the plaintiff is not obligated to return the money.

B. We examine the following facts and circumstances, which are acknowledged by adding the whole purport of arguments to each statement in Gap, Gap, Eul, Eul Nos. 1, 2, Eul No. 1 through 5, and 7 (including additional numbers), i.e., the plaintiff paid the money of this case to the defendant on September 25, 2008 through the account under Eul's name. ② The money of this case was paid on September 25, 2008 after the registration of ownership transfer was made on June 19, 2008 under Eul's name. Considering these circumstances, it is difficult to believe the defendant's assertion that the money of this case was delivered as investment funds for the purchase of F forest and fields. ③ The plaintiff did not disclose the money of this case to the defendant other than the money of this case to the total amount of 20,1270 won to June 20, 208, the defendant transferred the money of this case to the defendant for the purchase of forest and field No. 2067,700 won to the money of this case.