1. The plaintiff's claim is dismissed.

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

1. On May 4, 2007, the Defendant asserted that the cause of the claim occurred, on the part of the representative director D of C Co., Ltd., and on the part of the representative director D, in Incheon City, sold the land of 825.8 square meters and buildings 51.56 square meters (hereinafter “instant real estate”) to KRW 11 billion in the purchase price.

(hereinafter “instant sales contract”). The Defendant received KRW 1 billion on the day the down payment was paid, and on May 18, 2007, received intermediate payment of KRW 3.7 billion and issued receipts to the said D.

D, however, as of June 8, 2007, the remaining 6.3 billion won was not paid at the due date, D requested the Defendant to return the intermediate payment instead of giving up the down payment on the premise of termination of the contract due to its default.

D around January 201, 201, G, a U.S. designated by F, a joint investor, entrusted all the powers relating to the instant sales contract and drafted a letter of waiver of the contract to the effect that its powers are waived.

G prepared a certificate of transfer of rights to H on August 11, 201, and transferred the right to claim the return of intermediate payments, etc. under the instant sales contract, and H transferred the right to claim the return to the Plaintiff on April 4, 2014.

The plaintiff claims to the defendant for the return of KRW 100 million out of the intermediate payment of KRW 3.7 billion and the delay damages therefor as part of the claim.

2. In order to recognize the Plaintiff’s assertion, it should be premised on the conclusion of the instant sales contract and the fact that the Defendant’s down payment and intermediate payment are received.

However, A No. 1 (Real Estate Sales Contract) cannot be admitted as evidence, since the purchaser’s personal image next to the Defendant’s name does not coincide with the Defendant’s actual name, and the purchaser’s resident registration number in the column does not coincide with that of the Defendant.

A No. 2 (B) of the No. 2 (B) shall be admitted as evidence as it is impossible to recognize the authenticity as it does not correspond to the Defendant’s actual name, because the author of the images next to the Defendant’s name is inconsistent with the Defendant’s name.

In the end, it is eventually.