1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. A. Around June 22, 2012, around June 22, 2012, with the Defendant, purchased the land D and the three-story accommodation facilities (hereinafter “the instant real estate”) on the land owned by the Defendant, under the name of E, the spouse. However, in lieu of the payment of the purchase price, C agreed to succeed to the secured debt of KRW 195 million of the maximum debt amount set up regarding the instant real estate, the mortgagee’s right to collateral security (hereinafter “mortgage”), and KRW 150 million of the mortgagee’s right to collateral security (hereinafter “mortgage”), until July 22, 2012.

B. On June 23, 2012, E formed an exchange contract under the name of the Defendant with the effect that the Defendant’s agent is the Plaintiff and exchanged 102 on the instant real estate and the Plaintiff’s subsidiaries in Yongsan-gu Seoul, Yongsan-gu, Seoul, but succeeds to the secured debt and the obligation to return the deposit money, etc. of the right to collateral security established on the other real estate, and the Plaintiff pays 45 million won (the balance of five million won) with the difference in exchange (hereinafter “instant exchange contract”).

C. On June 23, 2012, the Plaintiff, under the pretext of the exchange difference as stipulated in the instant exchange agreement, remitted 5 million won to G account, which is E’s father, and 40 million won to C account on June 26, 2012, respectively.

[Ground for Recognition: Facts without dispute, Gap evidence 1, 2, Gap evidence 3-1, 2-2, purport of whole pleadings]

2. The assertion and judgment

A. 1) The Plaintiff’s assertion 1) E is a party to the instant exchange contract with the lawful power of attorney granted by the Defendant and without the power of attorney. 2) Even if the Plaintiff concluded the instant exchange contract without the power of attorney, the Defendant stated to the effect that the Defendant granted C a comprehensive delegation right to the instant real estate during the course of investigation into the fraudulent case following the conclusion of the instant exchange contract, received interest on the instant real estate from the Plaintiff, filed a complaint against the Plaintiff by embezzlement, and confirmed the act of non-authorized representation, such as recognizing the granting of the power of attorney, etc.