1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. Nonparty C District Housing Redevelopment and Rearrangement Project Association (hereinafter “instant association”) was established to implement housing redevelopment and rearrangement projects (hereinafter “instant project”) under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) within the Mapo-gu Seoul Metropolitan Government D 64,452.96 square meters (hereinafter “instant rearrangement zone”). The Plaintiff owned housing (Seoul Mapo-gu E 102; hereinafter “instant real estate”).

B. On September 2, 2008, the Plaintiff and the instant association agreed to lend KRW 90 million to the Plaintiff as moving expenses. However, on September 18, 2008, the Plaintiff concluded a monetary loan agreement with the Plaintiff to complete the registration of creation of a mortgage over the amount equivalent to 130% of the loan amount (Evidence 12) with the maximum debt amount (Evidence 12), and on the same day, the Plaintiff agreed to complete the registration of creation of a mortgage over the instant real estate to the instant association (Evidence 11). Meanwhile, on the other hand, the Plaintiff agreed to deposit the instant association’s relocation expenses to the new bank account (F) in the name of the instant association in the name of the Plaintiff, while promoting the loan to the instant association members on January 2, 2008, the Plaintiff agreed to deposit KRW 56 million with the Defendant as moving expenses in the name of the Plaintiff or the Plaintiff’s loan 100 million (Evidence 300,000,0000,000).

(B) On September 19, 2008, the Defendant deposited KRW 18 million into the above new bank account of the instant union in accordance with the above loan agreement. The instant union on May 27, 2013.