1. All of the plaintiff's claims are dismissed.

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

1. The plaintiff's assertion

A. On September 5, 201, the Plaintiff transferred the registration of establishment of chonsegwon of KRW 50,000,000 on the deposit money for lease on a deposit basis with Defendant B, who was his wife Nonparty D, in his own name, KRW 11,00,000,000 on the deposit money for lease on a deposit basis for lease on a deposit basis with Defendant B (hereinafter “instant loan”). However, only 11,00,000 won was distributed in an auction case due to the execution of chonsegwon.

Therefore, Defendant B should return KRW 5,000,000 to the Plaintiff.

B. On March 19, 2012, the Plaintiff transferred the registration of the establishment of chonsegwon of KRW 55,000,000 from the Defendants on March 19, 2012, to KRW 28,000,000, but did not receive dividends in an auction case due to the execution of the said chonsegwon.

Therefore, the Defendants shall jointly and severally return KRW 28,000,000 to the Plaintiff.

2. Determination

A. On September 5, 201, the Plaintiff: (a) transferred KRW 50,000,000 for lease on a deposit basis in G name set forth in Article 301 from Defendant B, who is the owner of F, F, who is his/her father under subparagraph 301 of the instant loan; and (b) paid KRW 16,00,000 to Defendant B. The Plaintiff filed an application for commencement of voluntary auction on March 29, 2012 (H of Busan District Court); and (c) received dividends of KRW 29,045,129 on June 25, 2013 in the distribution procedure of the said auction case.

However, on July 9, 2013, Nonparty I, who is the person entitled to provisional attachment under the above 301, appealed against the Plaintiff’s wife, and filed a lawsuit of demurrer against distribution (Seoul District Court 2013Gadan54365). In the lawsuit of demurrer against distribution, the decision of recommending settlement was finalized on March 28, 2014 to the effect that D’s amount of distribution is corrected from KRW 29,045,129 to KRW 11,00,000.

3) On March 19, 2012, the Plaintiff transferred the registration of establishing chonsegwon of KRW 55,000,000 in the name of Defendant C, which was established under Defendant C’s name, from the Defendants on March 19, 2012, and paid KRW 28,00,000 to the Defendants. 4) The Plaintiff applied for voluntary auction based on the foregoing chonsegwon on June 19, 2012.