1. The plaintiff's claim is dismissed.

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

1. The Plaintiff’s assertion: (a) the Plaintiff intended to purchase from C the above trees of KRW 400 million on a parcel outside Sam-si, Gangwon-do; (b) the Plaintiff deposited KRW 200 million in the Defendant’s deposit account at the request of an individual, among the individuals, KRW 100 million on December 26, 2016; and (c) the intermediate payment of KRW 100 million on February 27, 2017; and (d) the said sales contract was terminated on January 4, 2018.

Nevertheless, E shall return 12 million won, and the remaining 188 million won shall not be returned. Since the defendant used the above custody money at will in collusion with E at will and did not return it illegally or lent the passbook to E in an unlawful manner, the defendant has a duty to return the above amount to the plaintiff or compensate for damages equivalent to the above amount.

2. According to the evidence No. 3-1 and No. 2 of the judgment, the fact that the Plaintiff remitted total of KRW 200 million to the Defendant’s bank account (F) as alleged by the Plaintiff is recognized.

However, the defendant asserts that he only permitted the use of the above deposit account upon the request of E by a fraudulent person, and that he was dissatisfied with the plaintiff's claim. However, the defendant benefiting the above KRW 200 million, but the defendant conspired with E and acquired the above KRW 200 million from the plaintiff.

Since there is no evidence to acknowledge that the Defendant voluntarily consumed and refused to return the money obtained by E, or that the above KRW 200 million was the money acquired by E, it is difficult to view that the Defendant is liable to return the above KRW 188 million out of the above KRW 200 million to the Defendant or to compensate for damages equivalent to the above amount.

3. According to the conclusion, the plaintiff's claim is dismissed, and it is so decided as per Disposition by applying Article 98 of the Civil Procedure Act to the burden of litigation costs.