1. The defendant shall pay 120,000,000 won to the plaintiff and 5% per annum from March 3, 2015 to the day of complete payment.

1. Basic facts

A. The plaintiff and the defendant are punished death.

The plaintiff, on March 17, 2005, at the defendant's national bank account, KRW 30,000,000, as the defendant's national bank account; and

6.8.90,000,000 won were remitted respectively.

B. Around that time, the Defendant’s wife owned 347 square meters prior to Daegu-gun D (hereinafter “instant land”). On June 30, 2005, the registration of the establishment of the right to collateral security (hereinafter “instant right to collateral security”) was completed with respect to the said land as the receipt of the branch court’s support from the Daegu District Court on the said land, which was KRW 10,000,000,000, the obligor C, and the Plaintiff as the person holding the right to collateral security (hereinafter “instant right”), and the Defendant sent the registration completion certificate of the instant land to the Plaintiff by mail around July 2005, and the registration completion certificate of the instant land currently remains kept by the Plaintiff.

C. The instant land is a development restriction zone under the Act on Special Measures for Designation and Management of Development Restriction Zones as a natural green area under the National Land Planning and Utilization Act. The officially announced land price was KRW 8,258,600 (=23,800 square meters x 23,800 square meters) around the time of establishment of the instant mortgage right.

[Ground of recognition] A without dispute, Gap evidence 1 through Gap evidence 8, Gap evidence 10, Gap evidence 111, the purport of the whole pleadings

2. Assertion and determination

A. A. Around March 2005, the gist of the party’s assertion that the Defendant, who was running real estate brokerage business, around March 2005, said that the Plaintiff would purchase a good commercial building at the time of the Plaintiff’s purchase, and that the Plaintiff remitted KRW 30 million to the Defendant on the 17th day of the same month.

However, at the beginning of June 2005, the Defendant called and used the above KRW 30 million to repay the loans that the Defendant paid to the Defendant, and the Plaintiff transferred additional KRW 90 million to the Defendant on June 8, 2005 by adding interest to the principal as the land of this case was sold and sold.

Therefore, the defendant is obligated to pay 120,000,000 won and interest or damages for delay from the above lending to the plaintiff.