1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The Defendant leased and resided in the instant house at the time of the Jeonsan-gu Seoul Special Metropolitan City (hereinafter “instant house”) and had the Plaintiff, who was the same household, reside in the instant house.

The Plaintiff resided in the instant house from February 3, 1998 to December 18, 199, and transferred the said house to the lessor, and received 23 million won of the lease deposit paid by the lessor by the lessor.

B. On July 8, 2015, the Plaintiff: (a) purchased the instant apartment (hereinafter “the instant apartment”) from the Defendant on March 10, 2008, stating that “The Plaintiff borrowed KRW 300,000 per month interest (payment on March 20), and KRW 65 million from the Defendant on October 10, 2009; (b) borrowed the loan certificate (Evidence 1; hereinafter “the instant loan certificate”) and “the Defendant borrowed KRW 65,000,000 from the Defendant on March 10, 208, and purchased KRW 65,000,000,000 from the purchase price; and (c) paid KRW 30,000,000 from the Defendant on March 10, 208, the Plaintiff and the Plaintiff were jointly prepared and delivered a confirmation document confirming the ownership transfer of the ownership under the Plaintiff’s spouse’s name.”

C. On September 9, 2015, the original Defendant drafted a notarial deed under a monetary loan agreement (hereinafter “notarial deed of this case”) stating that “The Defendant, on March 10, 2015, lent KRW 65 million to the Plaintiff at the maturity of payment on August 25, 2015 and interest rate of KRW 18% per annum, determined by a notary public on March 10, 2015.”

Plaintiff

On June 25, 2015, with respect to a building of 550 square meters and its ground located in Jeonbuk-gun, Jeondong-gun, Jeonbuk-gun, the ownership, the compulsory auction procedure was commenced on June 25, 2015 (J) and the above compulsory auction procedure (hereinafter “instant compulsory auction procedure”), the defendant made a demand for distribution as the plaintiff’s creditor, and the said court actually distributes dividends on March 24, 2016, which is the date of distribution.