1. The plaintiff's claim is dismissed.

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

1. The parties' assertion

A. The plaintiff's assertion 1) around March 2005, the plaintiff asserted from the defendant around 2005 that D apartment 103 Dong 1103 (hereinafter "the apartment of this case").

(2) The apartment in this case was sold to E on May 9, 2006, and E completed the registration of ownership transfer as to the apartment in this case on April 30, 2008.

3) The Defendant, by deceiving the Plaintiff, received the remittance of KRW 63,00,000, and made unjust enrichment, is obligated to pay the Plaintiff the above KRW 63,00,000 and delay damages therefor.B. The Defendant’s assertion 1) The Plaintiff, who became aware of the fact that the price was sold to the Plaintiff at a half of the market price of the above KRW 103,00,000,00, was offered to the Defendant for the purchase of the instant apartment in the name of F, the Plaintiff’s children, and the Defendant visited the sales office to enter into a sales contract in the name of F, with respect to the instant apartment.

At the time, the Plaintiff borrowed KRW 5,000,000 from the Defendant and paid the down payment.

2) On March 4, 2005, the Plaintiff transferred 63,000,000 won, including 5,000,000,000 won borrowed from the Defendant, to the Defendant on behalf of the Defendant, and around that time, the Defendant paid 58,00,000 won (63,00,000 - 5,000,000 won) to the executor as the selling price of the apartment. However, G, the representative director of the Si event, sold the apartment of this case to others.

4) G was indicted on January 8, 2009 for committing a crime against the majority of F, etc., such as fraud, and was sentenced to a conviction of four years of imprisonment (Seoul Central District Court 2007Kadan4117). Ultimately, deceiving the plaintiff or F is not a defendant but G.

2. In accordance with the reasoning of the judgment, each of the entries in the evidence Nos. 1 to 3 and the whole pleadings.