1. The Defendant is a Class II neighborhood living facilities of the 2nd floor of the general steel structure among the buildings with a lot of 1,470 square meters on land in Sungsung-si, the Plaintiff.

1. Basic facts

A. On August 2, 2012, the Defendant acquired the ownership of 1,470 square meters and two buildings on the land (hereinafter “each of the instant real estate”) in Sungsung-si, through a voluntary auction procedure for real estate.

B. At the time when the Defendant acquired each of the instant real estate, the Plaintiff paid KRW 300 million to the Defendant as the purchase price for each of the instant real estate. The Defendant paid KRW 70 million, which was loaned to the Defendant’s name, and KRW 70 million, which was held by the Defendant, as total, KRW 1 billion as the purchase price for each of the instant real estate.

On the other hand, on June 30, 2015, the Plaintiff repaid KRW 100 million out of the above loans received under the name of the Defendant.

C. On February 3, 2016, the Defendant: (a) sold each of the instant real estate to the Plaintiff in KRW 1.43 billion; (b) concluded a sales contract with the purport that the Plaintiff shall acquire the remaining loans and pay an additional amount of KRW 430 million to the Defendant; and (c) rescinded the said sales contract under an agreement with the Plaintiff thereafter.

Meanwhile, each of the instant real estate consists of two buildings and their sites. Among them, the building area on the building ledger of two buildings is 317.7 square meters, and the specific building status is 156 square meters for Class II neighborhood living facilities of the 1st floor general steel structure, 153.6 square meters for Class II neighborhood living facilities of the 1st floor general steel structure, 8.1 square meters for Class II neighborhood living facilities of the 1st floor general steel structure, 8.1 square meters for a 1st floor general steel structure, and 309.6 square meters for a general steel structure

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion and the Defendant jointly acquired each of the instant real estate, and the Plaintiff invested KRW 30 million and the Defendant invested KRW 70 million in the name of the Defendant, and acquired each of the instant real estate under the Defendant’s name by borrowing KRW 700 million in the name of the Defendant.

However, at the time of acquisition of each real estate of this case, the defendant and the plaintiff among each of the real estate of this case, and the two buildings and their sites are the plaintiff.