1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Determination as to the cause of claim

A. The gist of the Plaintiff’s assertion and the Defendant: (a) paid KRW 15,00,000 each month from January 2016 to Nonparty C as a leader; and (b) was a member of the fraternity to receive the fraternity in the order of priority (hereinafter “instant fraternity”).

From January 28, 2016 to April 28, 2016, the Plaintiff paid a sum of KRW 14,000,000 to C as a deposit, and the Defendant received KRW 30,000,000 as a second priority around February 2016, and thereafter C acquired the fraternity money and failed to maintain the instant fraternity any longer.

Therefore, the defendant has a duty to return KRW 4,00,000,000, which corresponds to the amount paid by the plaintiff, out of KRW 30,000 that he received.

B. Determination 1) The legal relationship between the fraternity and the fraternity that arises after the fraternity was terminated shall be determined by comprehensively taking into account the contents of the agreement between the fraternity and the fraternity according to the nature of the fraternity, the operational form of the fraternity, and the relationship between the fraternity and the fraternity. If the fraternity members join the fraternity solely by an agreement with the fraternity regardless of any other fraternity members, and the fraternity members are fully responsible for the operation of the fraternity, and there is no other contractual relationship between the fraternity members, such a fraternity shall be deemed to be a form in which one contract between one fraternity and the fraternity is integrated, and for any reason, the settlement between the fraternity and the fraternity at the time when the fraternity becomes unable to operate the fraternity, shall be in accordance with the agreement between each fraternity and the fraternity (see, e.g., Supreme Court Decision 86Meu1426, Apr. 28, 1987).