1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant is a company established for the purpose of real estate development business, etc. on August 26, 2013, and C was appointed as its representative director.

B. D acquired the Defendant’s shares (as at the time of the establishment of the Defendant, each shareholder’s name of 1,00 shares and 530 shares on December 18, 2013 was entrusted to the Plaintiff who worked in the company run by D as an employee of D, and transferred the shareholder’s name by terminating the above total 1,530 shares title trust on July 7, 2014), and the real estate development business that gains profit by newly building and selling a commercial building with C was conducted.

C. D borrowed KRW 200 million from C on February 6, 2014.

On March 25, 2014, the Defendant purchased the sale right of the instant land from F in the name of C in order to build a commercial building on the E large 624 square meters (hereinafter “instant land”).

E. On April 22, 2014, the Plaintiff transferred KRW 80 million to the post office account under the name of the Defendant in the name of the Plaintiff, and transferred KRW 20 million from the Nonghyup account under the name of the Plaintiff to the said account under the name of the Defendant.

(B) On April 22, 2014, the Defendant paid F the intermediate payment of KRW 100 million out of the purchase price of the said purchase right.

G. After that, as the plan to build a commercial building on the instant land was nonexistent, the Defendant promoted the business of newly building and selling a neighborhood living facility (hereinafter “H”) under the name of “H” in the size of 2 stories underground and 2 stories above ground in Gangnam-gu Seoul Metropolitan Government G 1,060 square meters, and obtained approval for use on April 6, 2017 after newly building H.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 11, Gap evidence No. 14-3, Eul evidence Nos. 2 and 6, the purport of the whole pleadings

2. The parties' assertion

A. On April 22, 2014, the Plaintiff asserted that the Plaintiff made a joint investment with C and received a request from D who established the Defendant Company to lend the purchase fund of the instant land to the Defendant, and the Defendant.