1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The registration of ownership transfer was completed on January 7, 2002 under the Defendant’s name on the ground of “the successful bid resulting from voluntary auction on December 21, 2001” with respect to the land of 3,306 square meters in Dongcheon-gu, Dongcheon-si.

At the time, the defendant bid 54,500,000 won in the case of the auction of real estate D in relation to the above woodland.

B. On May 30, 2002, the Defendant obtained permission for changing the form and quality of a forest with respect to the forest of 2,529 square meters among 3,306 square meters of the above forest land for the purpose of “the building of a neighborhood living facility”, which is “from May 30, 2002 to May 29, 2003.”

C. On March 20, 2003, the Plaintiff received a decision of provisional seizure which caused the claim amount to 80,340,000 with respect to the above forest land. Accordingly, the provisional seizure registration was completed on March 24, 2003.

On December 16, 2003, the registration of ownership transfer was completed in the name of E, the plaintiff's son on the ground of "trade on December 15, 2003" with respect to the above forest land.

E. On May 31, 2004, the Defendant obtained permission for conversion of a mountainous district, “from May 30, 2002 to May 29, 2005,” with respect to 2,529 square meters of the forest above 3,306 square meters for the purpose of the building of green living facilities.”

【Ground Nos. 1 and 1 through 4】

2. The Plaintiff’s assertion and determination that the Plaintiff provided a loan to the Defendant upon the Defendant’s request that “I would change the form and quality of the instant forest for the construction of neighborhood living facilities after receiving the bid price, sell it, and borrow KRW 80,000,000,” and the Defendant did not actually use the remainder of KRW 25,500,000, in addition to KRW 54,500,000, out of the loan amount, the Defendant claimed compensation or return against the Defendant.

However, there is no evidence to prove the plaintiff's assertion.

In the sense that permission to change the form and quality of the instant forest is extended for the purpose of building neighborhood living facilities, in light of the fact that permission for conversion of mountainous district was granted, the details of provisional seizure by the Plaintiff, and the transfer of ownership by the Plaintiff, etc., upon request of the Plaintiff