The plaintiff's claim is dismissed.

Costs of lawsuit shall be borne by the defendant.

Basic Facts

A. The defendant is the plaintiff's birth.

B. On August 27, 2012, the Plaintiff remitted KRW 80 million to the Defendant.

[Ground for Recognition: Unsatisfy, Statement A’s Evidence No. 1] Claim by Parties

A. The defendant borrowed money to the plaintiff for the purpose of building a house (C apartment) and requested to lend 80 million won without the due date and interest agreement. The defendant is obligated to return 80 million won to the plaintiff.

B. The Plaintiff, while moving into Defendant D-owned E-Ba, paid the deposit for lease on a deposit basis to D, and D paid the deposit for lease on a deposit basis to D while moving into Defendant-owned F apartment, the Plaintiff immediately remitted KRW 80 million to the Defendant without going through D.

The Defendant originally planned to cover approximately KRW 180,000,000,000,000,000 necessary for the occupancy fund of C Apartment, but as D resided in F Apartment, it received KRW 80,000 from the Plaintiff and paid the remainder of KRW 100,000,000 to the Defendant by means of a loan and payment on behalf of D.

After that, D disposed of E Borrowing and returned 80,000,000 won to the Plaintiff, and the Defendant returned 32,327,292 won to D, excluding interest on loans, out of 80,000,000 won as security deposit.

3. Determination

A. Facts of recognition 1) The Plaintiff and the Defendant’s father D resided in Bupyeong-gu Incheon Bupyeong-gu G apartment house H (hereinafter “E Loans”) which is its ownership, and were transferred to the Plaintiff on August 30, 2012, by the Seo-gu Incheon, Bupyeong-gu, Incheon, and the Defendant’s father J of the F apartment of the ground 1 parcel.

Around that time, the plaintiff moved in E-Ba.

2) On August 16, 2012, the Defendant borrowed KRW 177,00,000 from K Bank.

On September 28, 2009, the Defendant purchased C apartment units in KRW 264,00,000, but completed the registration of ownership transfer on November 6, 2012, the Defendant created a collateral security of KRW 212,400,000 with the maximum amount of the bonds at K Bank on the same day.

3) On October 6, 2018, D sells E Lending to a third party (e.g., the transaction amount of 100 million won on the certified copy of the donation) and registered the transfer of ownership on December 24, 2018.