1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The plaintiff and the defendant are both male and female, and C is the defendant's male and female who is punished by the plaintiff.

B. Since the around 1998, C owned D Apartment 112 and 205 (hereinafter “instant apartment”) under the name of wife E. However, as the reconstruction was promoted in D apartment complex around 2002, the said apartment was registered as a trust of the reconstruction association in the future.

C. After that, around December 12, 2003, C sold the instant apartment to the Plaintiff, a Dong resident, and on August 3, 2005, the Plaintiff was sold in lots as a reconstruction member of the said apartment complex, F apartment 111 and 802.

After that, on November 22, 2006, the Plaintiff transferred the right to sell the real estate to the Defendant’s married G, and the real estate sales contract prepared at the time (hereinafter “instant sales contract”) stated that KRW 23,000,000 was received in a lump sum.

[Ground of recognition] Facts without dispute, Gap evidence 2, 4, Eul evidence 2 to 4, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the apartment of this case was held in title trust by the Plaintiff from the original C, and C asked the Plaintiff to sell the above apartment to the Plaintiff due to economic difficulties, and the Defendant, upon having requested, would purchase the above apartment, pay the price directly to C.

Thus, the plaintiff is "right to sell the apartment complex of this case acquired by the plaintiff as a reconstruction member of the apartment complex of this case" or "the apartment complex of this case" for convenience.

The same applies to the following. A sales contract was concluded to sell KRW 38,00,000 to KRW 38,000 (the instant sales contract was prepared by the Defendant in the name of G, and the sales price was lowered to KRW 23,00,000 upon the Defendant’s request). The Defendant did not pay the above sales price to the Plaintiff at all.

Therefore, the defendant's above KRW 38,000,000 shall be applied to the plaintiff.