1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. From the Plaintiff’s account under the Plaintiff’s wife C, KRW 25 million on October 12, 2010, and KRW 10 million on November 5, 2010, totaling KRW 35 million (hereinafter “the instant money”) was transferred to the Defendant’s husband D account.

B. D asserted to the effect that “the Plaintiff occupies the instant building without permission (hereinafter “instant building”) among multi-household houses located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, as a party member 201Gadan361764, and won a lawsuit seeking the delivery of the instant building.”

(hereinafter “former Litigation”). Meanwhile, the Plaintiff asserted in the previous lawsuit that “The instant building was leased from D and the instant money, etc. was paid as the deposit,” but the defense was rejected.

[Ground of Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 to 3

2. Determination:

A. The Plaintiff asserted that the Plaintiff leased the instant building from the Defendant, and paid the instant money, KRW 8 million, totaling KRW 43 million, to the Plaintiff. As such, the Defendant is obligated to return KRW 43 million to the Plaintiff.

B. The Plaintiff’s assertion is not sufficient to acknowledge the Plaintiff’s assertion, and there is no other evidence to acknowledge it. Thus, the Plaintiff’s assertion is without merit.

3. The plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.