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1. The plaintiff's appeal is dismissed.
2. The plaintiff's conjunctive claim added at the trial is dismissed.
3. Appeal.
Reasons
1. The assertion and judgment
A. The plaintiff asserts that, around the other hand, the plaintiff is obligated to pay to the plaintiff 106,986,770 won and delay damages, as the plaintiff extended a total of KRW 106,986,770 to the defendant under the pretext of the purchase price of land and the payment of interest on the defendant's loan.
(1) On August 14, 2014, the Plaintiff used a new bank deposit account in the name of D (hereinafter “instant deposit account”) in running a business of G prior to divorce with D on August 14, 2014. ② The Plaintiff wired the total of KRW 59,838,00 to the Defendant on November 10, 209. On November 10, 2009, the Plaintiff transferred the total of KRW 59,838,000 to the Defendant. From November 10, 2009 to December 1, 2009, the registration expenses for the land in the name of the Defendant (hereinafter “instant land”), the total of KRW 11,005,120,000 from the instant land (hereinafter “instant building”); and ③ the Defendant paid KRW 100,000 from E to 300,000,000 from each of the instant land and the instant building as collateral to KRW 105,500,000 each of the instant land and the instant loan.
However, the following circumstances, which are acknowledged by comprehensively taking account of the evidence Nos. 5 and Nos. 2 through 7 as well as the overall purport of testimony and pleading of witnesses of the first instance trial D, namely, ① in 2009 and 2010, the Plaintiff and D were living together with the Defendant’s family in the instant building, ② as recognized above, the Plaintiff used money in the instant deposit account for the Defendant, whereas the Defendant’s wife was also the Defendant’s wife.