1. The Defendant’s KRW 40,320,00 for the Plaintiff and KRW 5% per annum from March 1, 2008 to December 5, 2014.

1. Basic facts

A. On June 14, 2006, the Plaintiff (the Plaintiff: (a) concluded a sales contract with the Defendant on June 14, 2006, setting the sales price of KRW 598,956,00 (hereinafter “instant sales contract”) as KRW 5,254m2 (hereinafter “instant land”). However, the Plaintiff and the Defendant determined the purchaser of the instant sales contract as Nonparty C, and transferred the down payment of KRW 57,60,000 to Nonparty C on the day of the contract.

At the time, C (the Defendant was the representative director at the time, and was dissolved on December 5, 201; hereinafter “D”) invested a considerable amount of down payment in D Co., Ltd. (hereinafter “C”) with the expectation of profit from the sale of the instant land, and the Defendant concluded the instant sales contract in the name of C in order to secure the return of the down payment with C’s investment deposit.

B. Since long years have passed since the conclusion of the instant sales contract, the Plaintiff entered into a new sales contract by changing the date of the instant sales contract into “D” upon the Defendant’s request, and the purchaser into “D”; and the Defendant requested the Plaintiff to change the buyer of the instant sales contract in advance without entering into the contract with C.

Since then, the Plaintiff received the intermediate payment and the balance under the instant sales contract from D, and accordingly, completed the registration of ownership transfer with respect to the instant land under D on July 7, 2006.

(C) The land in this case is divided into E, F, G, H, I, J, etc.

C around January 208, the Plaintiff demanded the return of the amount equivalent to the down payment deposited in its own name at the time of demanding the Plaintiff to complete the registration of ownership transfer according to the instant sales contract D without his/her consent. On February 29, 2008, the Plaintiff returned KRW 57,600,000 equivalent to the down payment to C.

[Ground of recognition] The facts without dispute, and the number of each entry in Gap evidence 1 through 6 shall be the number.