1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff and C are the Defendant.

B. On November 13, 2003, with respect to the first floor of a house D located in Nam-gu Busan Metropolitan City (hereinafter “instant house”), a lease agreement for real estate lease (Evidence B) was made with the lessor C, the lessee’s spouse E, the lease deposit amount of KRW 40 million, the lease period of KRW 40 million, and the lease period of the leased house with public disturbance was set up.

C. On November 17, 2003, the Plaintiff deposited KRW 40 million into the Nonghyup Bank’s account in the name of the Defendant (hereinafter “instant money”). D.

The Plaintiff and E transferred to the instant house on November 24, 2003, but moved to Busan Suwon-gu F on November 14, 2013.

E. On November 14, 2013, the Plaintiff was a director on the first floor of the instant housing and received KRW 40 million from the Defendant.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3, 5, 10, 15 (including the serial number), the purport of the whole pleadings

2. Determination

A. The Plaintiff asserted that the instant money is a loan, and the Defendant received the said money from the Plaintiff as a lease deposit, and the Plaintiff returned the said money to the Plaintiff around November 2013.

B. 1) In full view of the above facts of recognition, the evidence adopted earlier, and part of the evidence No. 8 in the pleadings, it is reasonable to view that the Plaintiff agreed to use the 1st floor of the instant house and lent the said money to the Defendant, upon the Defendant’s request for the lending of the instant money, until the Plaintiff was returned the said money in lieu of paying the said money, and it is difficult to believe that part of the evidence Nos. 1, 4, 5, and 8, which appears contrary thereto, are contrary to this. Therefore, the Defendant is obligated to return the instant money to the Plaintiff, barring any special circumstance. 2) As such, the Defendant asserted that the Plaintiff repaid the instant money to the Plaintiff around November 2013, and thus, the Plaintiff agreed to use the 1st floor of the instant house until the Plaintiff was returned. On November 14, 2013, the Plaintiff agreed to use the 1st floor of the instant house.