A. The plaintiff is a child of C, and the defendant is a mother of C with the same birth of C.

B. On October 27, 2005, C completed the registration of transfer of ownership based on sale on October 1, 2005, with respect to the Defendant of Seongbuk-gu Seoul Seongbuk-gu Dolllle 2nd floor Non-01 (hereinafter “the loan of this case”).

C. C died on January 8, 2007, and the Plaintiff is the only heir of C.

The Plaintiff received KRW 200 million from the death of C on April 2007, and transferred the above KRW 200 million to the Defendant on April 19, 2007.

(hereinafter “the instant insurance proceeds”) and C is referred to as “the deceased.”

The Defendant sold the instant loan in KRW 200 million to E and F on March 31, 2008, and completed the registration of ownership transfer with respect to the instant loan to E and F on May 30, 2008.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 10 (including each number, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiff's assertion

A. 1) With respect to the instant insurance money, the Plaintiff entered into a delegation contract with the Defendant again to return the amount remaining after the Defendant repaid the deceased’s debt with the instant insurance money to the Plaintiff. Since long years thereafter, the Plaintiff and the Defendant leased the instant insurance money to the Defendant, the Plaintiff and the Defendant entered into a mixed contract with a loan for consumption with the intent to return the loan equivalent to the amount if the Defendant repaid the deceased’s debt with the said money on behalf of the Defendant. The Defendant repaid the deceased’s debt with the instant insurance money, and the Plaintiff terminated the said contract even if the Plaintiff cannot be deemed to have entered into a loan for consumption with the Defendant, the Plaintiff would return the remaining amount if the Defendant repaid the deceased’s debt with the instant insurance money to the Plaintiff.