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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On June 25, 2010, D, the Defendant’s husband, lent to the Plaintiff KRW 30 million and KRW 30 million on September 30, 2010, respectively, and thereafter leased KRW 30 million more on two occasions. On September 20, 2011, the Plaintiff loaned KRW 100 million additionally, and the Plaintiff paid KRW 220 million in total of the principal of the loan from the Plaintiff to the time at the time (hereinafter “the instant first loan”). The repayment period for the loan was set at September 20, 2012 as KRW 220 million (hereinafter “the instant first loan”).
B. On September 20, 2011, D entered into a mortgage agreement with the Plaintiff regarding the instant real estate, Kim Jong-si, the Plaintiff owned, covering KRW 250 million with the maximum debt amount. On September 26, 2011, D completed the registration of the establishment of a mortgage on the ground of the said mortgage agreement.
C. After and after the registration of the establishment of a neighboring loan, F and G, etc. of the Plaintiff and the Plaintiff’s land, made several monetary transactions with the Defendant couple. During that process, the Plaintiff prepared and delivered to the Defendant a letter of loan with respect to the Plaintiff’s land purchase and sale worth KRW 90 million in total, each of KRW 30 million on three occasions on June 8, 2012 (hereinafter “instant second loan”). On September 24, 2012, the Plaintiff made a pre-contract with the Defendant to secure both KRW 310 million (i.e., KRW 220 million) and KRW 90,000,000,000 in total, KRW 310,000,000 in total, KRW 220,000 in total, KRW 90,000,000 in total, KRW 31,300,000 in total,000 in total.
On September 25, 2012, the Plaintiff and the Defendant completed the provisional registration of the right to claim transfer of ownership (hereinafter “provisional registration of this case”) on the instant land by attaching the said purchase/sale reservation document, the Plaintiff’s resident registration certificate copy, the certificate of personal seal impression, etc.
E. The Plaintiff is admitted to the land of this case as the project site for the Incheon-Seoul Highway Construction Project implemented by the Korea Expressway Corporation.