1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On June 24, 2013, the Defendant’s husband C, entered the debtor and his agent as the Defendant and prepared the following loan certificates (hereinafter “the loan certificates of this case”).

The following amounts shall be borrowed from the Plaintiff (Plaintiff) to the Plaintiff, who paid off 0,000,000 (hereinafter “the instant loan”) on the basis of the following terms: (a) by June 24, 2014, the amount shall be repaid to the Plaintiff:

1. Interest on the above amount shall be 1,500,000 won per month and shall be paid 24 days per month;

2. No objection shall be raised against any legal measure when the payment of interest is in arrears not less than twice.

3. The principal of the borrowed amount shall be repaid on June 24, 2014 and may be postponed after consultation with the debtor according to the circumstances of the debtor.

4. In order to secure the above loan, provisional registration shall be established in accordance with Nos. 1, 302, and 303 (hereinafter “instant real estate”) of the D Building 1, 303 (hereinafter “instant real estate”).

B. Accordingly, around June 24, 2014, the Plaintiff transferred KRW 44,200,000 to C account, KRW 1,200,000 to E account, and KRW 1,60,000 to a certified judicial scrivener F office account.

C. On June 24, 2013, with respect to the instant real estate for which the registration of ownership transfer was completed under the name of the Defendant, provisional registration of the right to claim ownership transfer based on the purchase and sale reservation was completed under the name of the Plaintiff, and on July 24, 2013, with respect to No. 1 and 503, the provisional registration of the right to claim ownership transfer based on the purchase and sale reservation was completed under the name of the Plaintiff.

On November 24, 2014, the Plaintiff filed a lawsuit against Suwon District Court 2014Kadan37149 (hereinafter “related lawsuit”) and rendered a judgment in favor of the Plaintiff on May 22, 2015, that “C shall pay to the Plaintiff KRW 46,410,00 (excluding the interest of the instant loan) and delay damages therefor,” and C appealed appealed appealed with the Suwon District Court 2015Na20121, Apr. 2, 2016.