On April 25, 2008, the Plaintiff transferred KRW 32.5 million to the Defendant, a private village partner.

B. As of February 3, 2010, the Defendant completed the registration of the establishment of the first floor of the neighborhood living facilities located in Ansan-si, the Plaintiff on February 3, 2010 (hereinafter “instant real estate”) with respect to the creation of the first floor of the neighborhood living facilities located in Ansan-si, Seoul (hereinafter “instant real estate”).

2. The plaintiff asserted that the plaintiff is the cause of the claim of this case, and the above KRW 32.5 million is the money that the plaintiff agreed to receive interest at the request of the defendant and lent. The defendant asserted that the above money is not the loan, but the money invested by the plaintiff in purchasing the real estate of this case jointly, and the defendant bears the remainder of the shortage. Since the real estate of this case was not recovered from the money to the wind that is an auction, it is improper for the plaintiff to make the claim of this case on the ground that it is a loan to the defendant.

3. Therefore, we examine whether the above KRW 32.5 million is a loan, and even though the loan was not prepared, as seen above, whether the above KRW 32.5 million is a loan, the loan was not prepared. As to the real estate of this case, as recognized above, the debtor is the creditor, and the creditor is the plaintiff. The registration of the establishment of a mortgage of this case with the maximum debt amount of KRW 32.5 million more than the original payment amount of KRW 32.5 million was completed by the defendant. The defendant also recognized that the registration of the establishment of a mortgage of this case was completed in relation to the above KRW 32.5 million, the above registration of the establishment of a mortgage of this case was demanded by the plaintiff, and the above KRW 32.5 million was not submitted at all by the defendant.