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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. On January 25, 2010, the Plaintiff acquired on January 25, 2010 and sold on May 2, 2012, 2012, 129 square meters prior to C, D, large scale 192 square meters (hereinafter “each of the above land”).
B. On June 5, 2012, the Plaintiff received KRW 14 million from the purchase price of land at the time of Jin-si, and transferred KRW 80 million out of that day to E’s account on the same day.
C. On the other hand, on June 5, 2012, with respect to F. 3,352 square meters (hereinafter “Yancheon-si land”), the registration of ownership transfer was made in the name of the Defendant, the wife of the Plaintiff, and E is a licensed real estate agent who arranged the sale and purchase of land in Macheon-si.
The Defendant respectively deposited the Plaintiff’s account in the bank account in the name of G on July 10, 2012, KRW 380,000,000 on August 8, 2012, KRW 400,000 on September 4, 2012, and KRW 250,000 on October 5, 2012.
E. The Defendant is G’s child, and G and the mother of the Defendant died on February 24, 2014.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 and 7 (including branch numbers, if any) and the purport of the whole pleadings
2. The assertion and judgment
A. A. The summary of the Plaintiff’s assertion 1) The Plaintiff’s summary of the Plaintiff’s assertion concluded that the wife-type Defendant would return to H, on June 2012, the purchase price of the land owned by Macheon-si and that only three months would be required to purchase the land, thereby receiving interest of KRW 80,000,000 on June 38, 2012, and wired the said money to E’s account designated by the Defendant. As such, the Defendant is obligated to pay the Plaintiff a loan of KRW 80,000,000,000 to the Defendant. (2) The Defendant’s summary of the Defendant’s assertion was not immediately lent to the Defendant, but partially lent the purchase price of the land owned by Macheon-si to the Defendant, and H again lent it to the Defendant for the purchase price of the land in Macheon-si.
However, on September 24, 2012 between the Plaintiff and H, the said loan claim amounting to KRW 80,000,000,000 is the Plaintiff’s wife G apartment (hereinafter referred to as “government apartment”) located in the Council-based city in the name of his wife G.