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1.The judgment of the first instance court, including the acceptance of proceedings and the modified claims in the trial, shall be modified as follows:
Reasons
1. Basic facts
A. On December 21, 2012, C, the Defendant litigant, borrowed KRW 400,000,000 from the Plaintiff on December 21, 2012 between the Plaintiff, and C, the Defendant litigant, the assignee of the lawsuit, drafted a notarial deed under a monetary loan agreement (No. 3240, 200,000, and hereinafter referred to as “notarial deed of this case”) with the purport to repay KRW 200,000,000 on December 21, 2013.
B. On October 23, 2013, in relation to the Plaintiff’s ownership of G forest, 161 square meters, H road, 30 square meters, 156.6 square meters, and 55.2 square meters, which are his own ownership, as to the partial share of the G forest, 161 square meters, H road, 30 square meters, 15.6 square meters, and 828 square meters, and 261 square meters, M road, 29 square meters, N road, 86 square meters, 218 square meters, 113 square meters, 142 square meters, 102 square meters, 102 square meters, and 92 square meters, which are part of the obligor, Defendant C, 40, 400, and 55.2 square meters, which are his own ownership, and on July 9, 2014, registration of the establishment of a mortgage was completed.
C. On November 25, 2014, the deceased B and the Defendant C, co-ownership of shares on April 1, 2014, sold in KRW 375,000,000 to U, and V, a 375,000,000 out of the purchase price. 50,000 of the purchase price was transferred to the account in the name of D, the husband of the Plaintiff.
The deceased B died on May 14, 2015 during the trial, and on May 14, 2015, C, the defendant litigation attorney, is the wife B, and E, the defendant litigation attorney, and F are children of the deceased B.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 6 evidence, Eul evidence 1 and 2 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. The plaintiff's assertion
A. From February 13, 2003 to March 20, 2008, the Plaintiff loaned KRW 632,000,000 to the net B in the name of election funds, etc. A. From February 13, 2003 to March 20, 208, the Plaintiff was repaid KRW 132,954,560 among the net B.
The Plaintiff loans the remainder between the net B around December 2012.