1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The plaintiff on May 31, 2005 that the defendant's birth C is KRW 100 million, and the same year.

7.7. Each of the loans was lent to the Defendant KRW 50 million (hereinafter “instant loan”).

B. On November 26, 2007, the Defendant completed the registration of ownership transfer on the ground of sale on November 15, 2007, with respect to D Forest land 19,714 square meters (hereinafter “instant land”) in Namyang-si, Namyang-si.

C. At the time when the Plaintiff completed the registration of ownership transfer with respect to the instant land in the name of the Plaintiff, the instant land was set up a collateral security, which is the debtor E (the debtor was the first F but the debt was changed due to the exemption of the finalized debt), the maximum debt amount of KRW 390 million, the mortgagee of the right to collateral security, G, H, and I-mortgage in South Korea, the joint collateral security, and superficies, the holder of the right to collateral security, the obligor E, the obligor E, and the maximum debt amount of KRW 130 million, and the right to collateral security, the mortgagee of the right to collateral security.

The Plaintiff completed the registration of ownership transfer on the instant land, and completed the registration of ownership transfer on June 8, 2009 by the debtor J, the maximum debt amount of 200 million won, K with the right to collateral security, and L with respect to the instant land.

E. On April 7, 2011, the Plaintiff completed the registration of ownership transfer for the instant land to M on April 6, 201, based on the sale on April 6, 201, and on the same day (1) through (3) collateral security and superficies, and (4) above.

The right to collateral security was cancelled on the ground of termination.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 5, Eul evidence 2 (including the number of each kind; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of claim, the defendant is obligated to pay the Plaintiff the loan amounting to KRW 50 million and delay damages, unless there are special circumstances.

B. The Defendant’s argument regarding the instant loan and C’s debt amounting to KRW 100 million to the Plaintiff as payment in lieu of the Plaintiff’s loan and C’s debt.