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 26, 2008, the Plaintiff’s husband of the Defendant entered into a lease agreement with the Guri-si E (hereinafter “instant housing”) with the term of 40,000,000 won as lease deposit, and the term of lease from January 26, 2009, and thereafter resided in the instant housing from around that time. As the lease deposit was not refunded even after the said lease agreement was terminated, the Plaintiff filed a lawsuit against C seeking the return of lease deposit (J District Court Decision 2012Da3736) on August 20, 2012, and on November 27, 2012, “C would pay D the lease deposit amount of 40,000,000 won to D until March 31, 2013” (hereinafter “instant voluntary adjustment”).

B. Since then, in the auction procedure for the auction of real estate for the instant housing and its site, the Plaintiff was awarded a successful bid on February 17, 2015 in the said auction procedure (F).

C. Around October 2015, D entered into a construction contract with C to undertake construction works for the repair of the instant housing. D.

On October 21, 2016, the Plaintiff deposited KRW 31,650,000 (hereinafter “the instant money”) in total, KRW 31,650,000,00,000, October 11, 2016, and KRW 5,000,000 on November 8, 2016, and KRW 3,000,000 on November 21, 2016, and KRW 2,150,000 on November 29, 2016.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 2 and 3 (including branch numbers; hereinafter the same shall apply), a significant fact in this court, the purport of the whole pleadings

2. Determination as to the claim for a loan (the principal claim)

A. The Plaintiff transferred the instant money to the bank account under the name of the Defendant, on the ground that the Plaintiff 1’s assertion by the parties was able to use only the Plaintiff and immediately repay the money to the Plaintiff.

D fails to receive a refund of deposit for lease from C, which is between C and C.