1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 18, 1996, the defendant married with C, who is the plaintiff's children, and had three children under the chain.

On January 17, 2013, the Defendant filed a divorce lawsuit against C on the ground of “C’s wrongful act and violence” (hereinafter “instant divorce lawsuit”). On May 22, 2013, the conciliation was concluded on May 22, 2013 with C.

B. The Defendant and C entered into a lease agreement on D apartment in the time of marriage (hereinafter “D”) with the Plaintiff, who received approximately KRW 15 million from the Plaintiff at the time.

C. On September 25, 2010, the Defendant and C purchased F apartment Nos. 5 and 1406 (hereinafter “F apartment”) on the E’s land, which were married life, and completed the registration of ownership transfer on October 11, 2010.

At the time, the Defendant and C resolved the purchase price with the amount of KRW 21 million, ② KRW 8 million received from the Plaintiff on September 25, 2010, KRW 30 million received from the Plaintiff on September 27, 2010, ③ the amount of the above apartment leased as security.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 5, the purport of the whole pleadings

2. The Plaintiff asserted as to the cause of the claim lent KRW 21 million to the Defendant with D deposit money and KRW 38 million with F apartment sales price.

3. Determination

A. Even if there is no dispute as to the fact that there is the receipt of money between the parties to the relevant legal principles, the plaintiff becomes a loan for consumption, and the defendant is liable to prove that it was received as a loan for consumption when it is disputed by the defendant.

(See Supreme Court Decision 72Da221 delivered on December 12, 1972, etc.). B.

As to the instant case, such case shall be viewed.

1 The fact that the Plaintiff paid approximately KRW 15 million to the Defendant and C with the D rental deposit, and KRW 38 million with the F apartment sales price was paid to the Defendant and C, as seen above.