1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On November 2012, the Defendant entered into a sales agency agreement with C (hereinafter “C”) on the multi-use building owned by C and conducted sales agency business.

On November 23, 2012, the Plaintiff entered into a sales contract with C on November 23, 2012, setting the sales price of KRW 398,487,00 with respect to the above main complex building E (hereinafter “instant building”) as the sales price of KRW 398,487,00.

B. On December 14, 2012, the Plaintiff borrowed KRW 430,000,000 equivalent to 65% of the appraisal price of the instant building from F Co., Ltd. (hereinafter “F”), and paid to C as the sale price for the instant building.

C at F’s KRW 430,00,000, the sales price of the instant building was KRW 398,487,000, excluding the actual sales price of the instant building from F, and thus, remitted KRW 31,283,200 to the Plaintiff on December 14, 2012.

C. The Plaintiff transferred KRW 31,283,200, which was received from C as above, to the Defendant on December 14, 2012.

On December 7, 2012, the Plaintiff completed the registration of ownership transfer on the instant building, and on September 30, 2016, sold the instant building to G in KRW 630,000,000, and completed the registration of ownership transfer in the name of G on November 8, 2016.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 5 (including additional numbers), Eul evidence 11, the purport of the whole pleadings.

2. The parties' assertion

A. The Plaintiff’s assertion that the Defendant: (a) sold the instant building that C sold in lots at a discount of KRW 398,487,00,00, equivalent to KRW 60,000, the initial selling price of which is KRW 664,145,000; and (b) from financial institutions, the Defendant may obtain a loan of KRW 430,00,00,000, belonging to KRW 664,145,000, the initial selling price of the instant building; and (c) accordingly, (d) recommended the Plaintiff to purchase the instant building from C.

The Plaintiff, at the request of the Defendant on December 14, 2012, 31,283,200 won, including the difference between KRW 430,00,000 loaned from F and the discounted sale price of the building of this case 398,487,00.