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1. The claim of this case is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The parties’ relationship Plaintiff, Defendant, and Nonparty C are between themselves, and Nonparty D died on June 30, 2015 as the mother of the Plaintiff, Defendant, and Nonparty C.
B. (1) On May 17, 201, the Plaintiff acquired and owned No. 108 No. 1302 (hereinafter “E real estate”). On September 30, 2013, the Plaintiff offered the said real estate as security and received a loan of KRW 100,000,000 from the Nonparty’s Inter-Korean Credit Union, which was deposited in the credit account in the name of the Plaintiff.
(2) On September 23, 2013, the Defendant concluded a sales contract with Nonparty G on the land size of 162 square meters and its ground (hereinafter “H real estate”).
On October 7, 2013, 100,000 won, which was deposited from the credit union in the name of the Plaintiff to G, was remitted from the credit union in the name of the Plaintiff to G.
C. The Defendant acquired the Defendant’s H real estate located in the Plaintiff’s account as above, completed the registration of ownership transfer on October 7, 2013, when KRW 100,000 was remitted from the Plaintiff’s account to G.
[Ground of recognition] The facts without dispute, Gap evidence 1 through 5, Eul evidence 7, Eul evidence 2 (if there are various numbers, including numbers; hereinafter the same shall apply), the fact inquiry into the North Korean school credit union, the purport of the whole pleadings
2. The plaintiff asserts that the amount of KRW 100,000,000, which was remitted with a loan of real property E as security, is the amount he/she lent to the defendant, and the plaintiff also claims the return of the loan against the defendant.
Preliminaryly, in a case where the defendant did not lend the above money to the defendant, the defendant asserts that the defendant gains a profit equivalent to the above money without any legal ground, and that the plaintiff suffered a loss equivalent to the above amount, and thus, he should return
As to this, the defendant is the real estate held in title by D, while the plaintiff is in accordance with D's instruction.