1. All of the plaintiff's claims are dismissed.

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

1. On September 28, 2009, the Defendant received KRW 213,00,000 from the Plaintiff to his bank account, and around that time purchased D apartment units 104, 802, 106, and 1103, and 108, and 803. On October 1, 2009, the Defendant purchased the sale right of KRW 71,000,000 from the Plaintiff to its bank account and then purchased E apartment units 105,301, and 1301.

Then, on January 21, 2010, the Plaintiff transferred KRW 27,069,80 to the bank account of Hyundai Industry Development Co., Ltd. under the name of the purchaser of the above E apartment, No. 105, 1301, as the sale price for the above apartment.

【Ground of recognition】 The fact that there has been no dispute, Gap’s 1 through 4, Eul’s 18, and 35 evidence (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings and arguments

2. Judgment as to the plaintiff's primary claim

A. The summary of the plaintiff's assertion 1) The plaintiff is obligated to pay the plaintiff the above amount of KRW 311,069,800,000 as stated in the above paragraph (1), because it belongs to the defendant's false statement that "if 300 million won is invested in the purchase of apartment purchase right within the C district, it shall guarantee the profit of KRW 31,069,80,000,000 as stated in the above paragraph (1). However, since the defendant does not return the investment profit amount to the plaintiff, the defendant is obligated to pay the plaintiff the above amount of KRW 311,069,80,00 as compensation for damages caused by the illegal act. Even if the defendant's tort is not constituted tort liability, the above investment act of the plaintiff constitutes a legal act by the defendant's expression of intent by fraud or by mistake in its important part, and thus the plaintiff is obligated to pay the plaintiff the above amount of KRW 311,069,800,00,000 to the above apartment house return of unjust enrichment.