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. The plaintiff's assertion

A. Following the termination of partnership relations, the Plaintiff entered into an agreement with C and her mother to build a new building on the ground-based land D (hereinafter “instant land”) and jointly operate a pentation project. From September 2, 2010 to November 10 of the same year, the Plaintiff transferred totaling KRW 18 million to the Defendant from September 2, 2010.

However, as C’s death on September 26, 2016 and the partnership relationship is terminated by not conducting a joint business upon withdrawal from the partnership relationship, the Defendant should return the settlement amount equivalent to KRW 18 million invested by the Plaintiff to the Plaintiff.

B. If a partnership relationship is not established, the defendant borrowed 18 million won from the plaintiff to use for the construction cost of a new building and paid the above loan with the loan proceeds when the building is completed, and the repayment period of the loan has arrived at when C becomes final and conclusive to make it impossible to reach the due date for the death of C. Thus, the defendant must return the loan amounting to 18 million won to the plaintiff.

2. Determination as to the cause of action

A. The Plaintiff paid KRW 18 million in total by remitting KRW 10 million to the Defendant’s account, KRW 27,00,000 on September 2, 2010, KRW 27,000 on October 27, 2010, KRW 250,000 on November 1, 2010, KRW 150,000 on November 2, 2010, and KRW 2,000 on November 10, 2010. From September 6, 2010 to November 15, 2010, the Plaintiff newly constructed the instant building under the name of the said Defendant’s name and used KRW 18,00,00 in total to construct a new building on the instant land (hereinafter “the instant building’s domicile on November 2, 201”) and completed the instant registration of ownership transfer to the account under C’s name.

C died on September 26, 2016, and on February 23, 2017, as to the instant land and building, the F, which was its son, on September 26, 2016.