1. The plaintiff's claim is dismissed.

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

1. Facts without dispute;

A. On March 25, 2016, with respect to the real estate listed in the separate sheet that was owned by the Defendant (hereinafter “instant real estate”), the purchaser is the Plaintiff and the purchaser is KRW 650 million (a total of KRW 300 million in contract and intermediate payment, and KRW 350 million in balance), and the remaining payment date is the same year.

5. Each sales contract entered into force on 20.20

(hereinafter referred to as “instant sales contract” and “the instant sales contract” are deemed to be “the instant sales contract”). B.

In the instant real estate, the registration of the establishment of the neighboring mortgage and the registration of the establishment of the neighboring mortgage of CCCD was completed. However, each of the above registration of the establishment was owned by the Defendant, and the registration of the establishment of the neighboring mortgage of CCF of the instant real estate was jointly secured.

C. On May 13, 2016, the Plaintiff completed the registration of ownership transfer based on the instant sales contract with respect to the instant real estate, and on the same day, the Plaintiff borrowed KRW 470 million from G Union as collateral and remitted the amount of KRW 350 million among them to the Defendant.

The above KRW 350 million was used to release the instant real estate from the joint collateral and to repay the secured debt of each of the above collateral set forth above.

2. Determination

A. On March 2016, the Plaintiff entered into a contract with the Defendant to purchase the instant real estate at the price of KRW 300 million.

(The instant sales contract was prepared differently from the actual sales price for the convenience of loans, etc.). The Defendant requested that the Plaintiff separate the instant real estate, which was integrated as joint collateral, from the payment of KRW 300 million agreed upon, and separately lend KRW 50 million.

On May 13, 2016, the Plaintiff agreed to transfer a total of KRW 350 million to the Defendant (for this reason, the remaining amount was stated in the instant sales contract as KRW 350 million).