1. The plaintiff's main claim is dismissed.

2. The Defendant’s KRW 150,000,000 for the Plaintiff and the Defendant’s payment thereof on December 24, 2014.

1. Basic facts

A. The Plaintiff purchased 4,867 square meters in Pyeongtaek-si and Pyeongtaek-si D (hereinafter “instant land”) and agreed to resell the instant land when it was released from the land transaction permission zone and distribute the profits therefrom (hereinafter “instant agreement”).

B. C purchased the instant land on February 5, 2014, and completed the registration of ownership transfer in its name on the same day.

C. On February 20, 2004, the Defendant signed and sealed the certificate of borrowing that “C borrowed KRW 150,000,000 from the Plaintiff at a rate of 14% per annum” (hereinafter “the certificate of borrowing”).

On February 25, 2004, the Plaintiff paid C KRW 150,000,000, and C on March 10, 2004, in order to secure the Plaintiff’s above KRW 150,000,000 with respect to the instant land, the Plaintiff set the right to collateral security (hereinafter “instant right to collateral security”) of KRW 150,000 with respect to the instant land.

E. On March 17, 2004, C prepared a letter of confirmation that “In purchasing the instant land in the form of a joint investment, the Plaintiff shall invest KRW 150,000,000, but the ownership shall be in the name of C” to the Plaintiff.

F. On October 5, 2004, the Plaintiff cancelled the registration of the establishment of the instant neighboring establishment on the ground of termination.

G. On December 4, 2013, the Plaintiff filed a lawsuit against Cheongju District Court 2012Gahap5466, and filed a claim for damages, etc. with Cheongju District Court 2012Gahap5466, and on December 4, 2013, the said court rendered a judgment against Cheongju District Court to pay 150,000,000 won upon return of unjust enrichment to the Plaintiff as well as damages for delay. The said judgment became final and conclusive on December 31, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 3, the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion is primarily the Plaintiff, and C, despite the content of the instant agreement.