1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. On January 22, 1999, the Plaintiff completed the registration of ownership transfer on the ground of sale as of December 28, 1995 with respect to Goyang-gu D apartment Nos. 1804, 1501 (hereinafter “D apartment”).

On December 28, 2012, the Plaintiff obtained a loan of KRW 126,00,000 from Samsung Fire and Marine Insurance Co., Ltd. as security, and transferred KRW 125,789,170 to the Nonghyup Bank account in the name of the Defendant on the same day.

(hereinafter “the instant money”). (b)

On January 30, 2013, the Defendant completed the registration of ownership transfer on the ground of sale on February 10, 2010 with respect to Yeonsu-gu Incheon E 104 Dong 1301 (hereinafter “E apartment”).

On September 15, 2014, the defendant sold the above E apartment to F, and on November 28, 2014, the transfer registration in the name of F was made for the above E apartment.

C. Around July 1994, the Defendant married with C by the Plaintiff, but filed a lawsuit of divorce and consolation money, etc. against C on July 11, 2014 against C by the High Government District Court 2014dan61795.

On May 14, 2015, there was a partial compromise between the Defendant and C with the content that “the Defendant and C are divorced, and designating the person in parental authority and the person in parental authority of their children as the Defendant.” On October 13, 2015, with respect to division of property, consolation money, child support, etc., “C shall pay KRW 55 million, and it shall be paid upon consultation between C and the Plaintiff. However, the time of sale shall be when the Defendant moves to another place (the end of April 2016). If the Defendant does not decide on whether to sell it by the time of relocation, there was a compromise with the content that “C shall immediately pay the said money (which shall be paid by the end of April 2016).”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 7, Eul evidence No. 14-25 and 26, the purport of the whole pleadings

2. Determination on the cause of the claim

A. On February 2010, the Defendant concluded a sales contract for E apartment units, and the Defendant around December 2012.