1. The plaintiff's claim is dismissed.

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

Basic Facts

당사자의 관계 원고와 피고, C, D은 2014. 12. 24. 사망한 망 E의 자녀들로, 피고가 장남으로 맏이이다.

On August 2, 2011, the Defendant purchased 63,500,000 won from the second floor F Nos. 205 and 206 of Bupyeong-gu, Incheon (hereinafter “instant shopping mall”) on August 2, 201, and completed the registration of ownership transfer on September 19, 201.

On August 18, 201, the Plaintiff and the Defendant drafted a notarial deed and a notarial deed among the original Defendant: “The Plaintiff shall lend KRW 200 million to the Defendant; the due date shall be from October 201 to May 31, 2027; and the due date shall be repaid in one million won on the last day of each month from October 2011 to the due date; the method shall be from October 201 to the last day of each month; and on the same day, the notarial deed (Evidence A No. 2; hereinafter “instant notarial deed”); and on the same day, the Plaintiff invests KRW 200 million in purchasing the instant commercial building (hereinafter “instant investment contract”). 2. The Defendant, in return for the Plaintiff’s rent, shall pay one million won each month from the store rent to the Defendant from October 3, 2011 to the Defendant (hereinafter “Plaintiff”).

4. The Plaintiff (the Defendant) appears to have been given the Defendant’s written consent, with the consent of C and D, to have been refunded KRW 200 million of the investment amount.

C and D shall return the investment amount of KRW 200 million if it is deemed necessary, and C and D shall be managed by C and D. 5. When the Defendant returned the investment amount of KRW 200 million, it shall not be paid to the Plaintiff the store rent of KRW 1 million.

From October 2011 to the deposit of KRW 190 million as follows, the Defendant, including the Defendant’s deposit, paid KRW 1,000,000 per month to the Plaintiff. Around 2013, the Defendant repaid KRW 3,000,000 and KRW 7,00,000,000,000 to the Plaintiff’s loan to the Plaintiff’s “Sshnb Capital” that was borne by the Plaintiff.

The defendant on February 23, 2016.