1. The plaintiff's claim is dismissed.

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

1. C, the real owner of the Plaintiff Company, which caused the Plaintiff Company, is the Defendant’s husband’s sentence D.

C from March 1, 2007, the representative director of the E Co., Ltd. has been assigned to D.

C at the request of the Defendant couple, the Plaintiff Company donated F apartment No. 11 G to the Defendant couple at the Jeju city, which was sold by the Plaintiff Company, and attached a condition to faithfully operate the E Company.

However, inasmuch as the Defendant couple embezzled, the Plaintiff Company claims for the amount of KRW 130 million and delay damages equivalent to the amount of the donation, since the apartment is sold to a third party and it is impossible to restore the original state due to the cancellation of the donation with due burden and the claim for restitution of the original state.

2. First of all, the Plaintiff’s assertion itself is the donor and the Defendant’s husband, and the Plaintiff, not the contractor, does not have the right of rescission.

Moreover, the evidence submitted by the Plaintiff alone is difficult to deem that the Plaintiff’s donation to the Defendant by the Plaintiff to the Defendant was “a condition to operate the company well.”

3. The plaintiff's claim cannot be accepted based on the conclusion of the decision, and it is so decided as per Disposition.