1. The plaintiff's appeal (the appeal as to the primary claim) is dismissed;

2. The plaintiff as added by this court.

1. Basic facts (1) The plaintiff is the spouse of the joint plaintiff B of the first instance trial (hereinafter “B”), the defendant is the defendant, and D is the defendant's de facto spouse.

(2) G was in the state of leasing 312-3 of the store in Seoul subway E Line 3 (hereinafter “instant store”) and J Station stores (hereinafter “J Station store”). The lease agreement on the instant store between G and Seoul Metro was on July 12, 2014 due date.

(3) On November 28, 2013, the Defendant and D introduced the instant store to the Plaintiff and B. On November 28, 2013, the written contract was prepared that “B leased the instant store from G as KRW 20 million, KRW 20 million monthly rent, and KRW 2 million from December 3, 2013, and KRW 24 months from the lease term, and all the contract terms comply with the Seoul Meart’s policy.”

(4) Meanwhile, the Defendant and D were indicted for the following facts charged and sentenced to a conviction on December 8, 2015 (Seoul Western District Court 2015Kadan982, 1188, 1332 (merged), and the said judgment became final and conclusive around that time.

The following H is the spouse of the above G.

[1] On November 201, 2013, the Defendant and D agreed to pay KRW 500,000,000 per month to the Plaintiff for the lease deposit of the instant store in order to raise funds to open a bread house at the instant store and J station store. However, the Defendant and D agreed to pay the Plaintiff a monthly rent without a lease deposit, and thus, did not need to pay a lease deposit. The Defendant and D agreed to use the money borrowed from the Plaintiff as the test cost. On November 28, 2013, the Defendant and D had the Plaintiff deliver KRW 20,000 to H under the name of the lease deposit, and received a return from H again. Accordingly, the Defendant and D conspired with the Plaintiff and received property by deceiving the Plaintiff on May 23, 2014.