1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts (1) From January 3, 2014 to April 1, 2015, the Defendant’s omission maintained a close relationship with D, a total of KRW 1,263,301,00, over 33 occasions, by paying the Plaintiff’s Dongin as investments or loans.

② At the end of December 2014, D requested C to allow the Plaintiff to reside in the real estate listed in the separate sheet owned by the Defendant (hereinafter “instant apartment”), and C consented with the Defendant’s consent.

③ On January 31, 2015, D, representing the Plaintiff, drafted a lease agreement with the Defendant that the Plaintiff leases the instant apartment from the Defendant, setting the deposit amount of KRW 100 million and the period from February 4, 2015 to February 3, 2017.

(hereinafter “instant lease agreement”). (4) Around February 2015, the Plaintiff resided in the instant lease agreement upon delivery of an apartment, and obtained a fixed date on February 24, 2015.

[Reasons for Recognition] : Facts without dispute, Gap 1, 2, Eul 12, 15, and 19; the purport of the whole pleadings

2. The parties' assertion

A. From January 2, 2015 to March 28, 2015, Plaintiff paid KRW 100,100,000 to D as security deposit for the instant lease agreement.

D on March 23, 2015, a deposit of KRW 100 million was paid to C who represented the defendant, and the lease contract was terminated on February 3, 2017.

Therefore, the defendant is obliged to return the deposit amount of KRW 100 million to the plaintiff simultaneously with the delivery of the apartment of this case from the plaintiff.

B. Defendant C received KRW 100 million from D on March 23, 2015, but it received the return of K’s investment funds invested in D through C.

3. We examine whether the Plaintiff paid KRW 100 million to C who represented the Defendant through D, the agent of the Plaintiff.

In full view of the statements in Gap 3, 5, 6, and 16-2 of evidence Nos. 16-2 and the whole purport of the arguments in the order to submit financial transaction information to L Co., Ltd. of this court, each of the plaintiff's names.