1. The Defendant’s KRW 73,00,000 as well as the Plaintiff’s annual rate of KRW 5% from August 26, 2014 to March 6, 2015.

1. Basic facts

A. The Plaintiff and the Defendant, after their divorce, were divorced from the Plaintiff and the Defendant, decided to reside in the Ycheon City while serving as a guard in around 2012.

B. Around August 2012, when the Plaintiff and the Defendant colored a house to live together, the Plaintiff and the Defendant agreed to purchase a new D-based ground house built by Nonparty C, etc. around that time, and began living together in the said house from October 2012.

C. The Plaintiff remitted KRW 45 million, around September 12, 2012, and KRW 20 million, around November 2, 2012, to C’s deposit account in the name of the purchase price for D houses.

On December 2012, the plaintiff liquidated the living together with the defendant and removed him from D's house.

E. Around May 2013, the Defendant purchased a land E (hereinafter referred to as “E”) at KRW 140 million and completed the registration of ownership transfer in his/her future on May 27, 2013, and is residing in the said housing from around that time.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 5-1, 2, witness C, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. (1) As to the Defendant’s borrowing of KRW 65 million, the Plaintiff’s assertion 1) transferred KRW 65 million to C in the name of the purchase price of the said house upon the Defendant’s request from the Defendant for partial lending of the purchase price of D house. The Plaintiff, thereby lending KRW 65 million to the Defendant. (2) After the Defendant’s assertion that D house was purchased, the Plaintiff paid part of the purchase price, and did not pay the remainder of the purchase price.

Accordingly, the sales contract for the housing was rescinded, and the plaintiff has given up the sales amount already paid.

The plaintiff has remitted 65 million won to pay the price under his/her sales contract, not to lend it to the defendant.

(B) a fact that there is no dispute over the board, entry of Gap 1, 2, and Gap 5-1, 2-2, and witness C’s partial testimony;