A. The registration of ownership transfer was completed on July 1, 2003 with respect to the land of 2013 square meters (hereinafter “instant land”) prior to Incheon Gyeyang-gu, Gyeyang-gu, Incheon, on the ground of sale and purchase as of July 1, 2003. D died on September 10, 2005, and the Plaintiff and E, a child, inherited 1/2 shares, respectively.

B. On May 15, 2009, the Plaintiff and E completed the registration of creation of a neighboring mortgage, which is a F organization of the Defendant and the mortgagee, on the instant land.

The defendant was given a loan of KRW 285 million as security.

On April 26, 2017, the Plaintiff paid 285,295,463 won to G Bank (FF organization comprehensively succeeded to) by subrogation of the Defendant.

C. The Defendant is the birth of the network D, and there is H, I, J, etc. as another sibling.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Assertion and determination

A. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the amount of reimbursement of KRW 185,295,463 and the statutory interest or delay damages from April 26, 2017, which is the date of subrogation, as the Plaintiff seeks (the Defendant’s lending KRW 100 million to E on April 16, 2012, and claimed the remainder after subtracting KRW 100 million on his/her own) as sought by the Plaintiff, except in extenuating circumstances.

B. The defendant's assertion 1) The land of this case was purchased in the name of the network D by investing the net D's KRW 150 million, the defendant and H each KRW 75 million, and agreed to sell it in the name of the network D's name and settle the joint investment relationship after five years. In addition, as long as five years have already passed from the time of investment, the plaintiff, the heir of the deceased, and the E, refused disposition and denied disposition, the plaintiff shall pay the settlement amount to the defendant.

The market price of the land of this case is KRW 730 million, which is 182,50,000 according to the defendant's shares (1/4).

B. The Defendant, on April 16, 2012, lent KRW 100 million to the Plaintiff and E with interest interest rate.