1. The plaintiff's claim is dismissed.

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

1. The facts of recognition are the operator of a land readjustment project in the sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub

The Defendant, on September 26, 2012, designated the land recompense for development recompense as a development recompense area of 5blue 9 780.40 square meters (5blue 780.40 square meters in Si/Gu, Sigpo-si, Yanpo-si, Yanpo-si, hereinafter “instant development recompense area”) and transferred the instant land allotted for development recompense as a construction price to two construction sites.

On September 26, 2012, the defendant transferred the ownership registration name of land secured for recompense of development outlay in the name of two temperature construction on the ground of service utility funds.

On September 26, 2012, the Plaintiff loaned KRW 70 million to the second temperature Construction at the rate of 3% per month, and the due date of repayment on December 25, 2012. On December 27, 2012, the Plaintiff loaned KRW 15 million at the interest rate of 3% per month, and the due date of repayment on January 26, 2013.

In order to secure the above loans, the second temperature Construction agreed to offset the loans by disposing of the land allotted by the authorities in recompense for development outlay, if the said loans are not paid in full by the due date.

Until the date of the closing of argument, construction was not fully paid the principal and interest of the Plaintiff.

[Based on recognition, Gap evidence Nos. 1 through 3 (including branch numbers; hereinafter the same shall apply) and the fact-finding results with the Nam-gu Office at the time of the distribution of this court, the purport of the whole pleadings.

2. The parties' assertion

A. On September 26, 2012, the Defendant transferred the instant land allotted by the authorities in recompense for development outlay to two Koreas. On the same day, two Koreas: (a) borrowed money from the Plaintiff; and (b) provided the instant land allotted by the authorities in recompense for development outlay as a security for transfer to the Plaintiff.

Accordingly, the defendant sold the land allotted by the authorities in recompense for development outlay to two temperatures.