1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

1. In the first instance trial, the Plaintiff filed a claim for the return of the loan, a claim for damages for the primary tort, and a claim for the return of the conjunctive unjust enrichment.

The court of first instance dismissed the claim for damages from the primary tort and the claim for return of the conjunctive unjust enrichment, and accepted the claim for return of the loan.

In this regard, since only the defendant appealed against the losing part, the subject of this Court's ruling is limited to the claim for the return of the above loan.

2. Determination on the request for return of loan

A. The parties’ assertion asserts that “The Plaintiff lent KRW 50 million to each Defendant on September 22, 201, and KRW 35 million on October 10, 201.”

The defendant asserts that "50 million won as of September 22, 201, was paid by the plaintiff for the use of the land owned by the defendant as a road, and 35 million won as of October 10, 201, was remitted to the defendant only to the defendant in order to pay the sale deposit in the purchase deposit in the purchase of the real estate in the Goyang-gu High District Court Goyang Branch of the Goyang-gu District Court in order to pay the sale deposit in the purchase of the real estate."

B. On July 1, 201, the Plaintiff and C, on the part of the Defendant’s husband D (E’s agent), purchased the F 4,007 square meters and G 182 square meters in amount to KRW 63,450,000,000,000,000, but entered into a sales contract between D and D (hereinafter “Defendant, etc.”) to arrange bank mortgage loans and to cover the loan with the remainder of KRW 464,50,00,000,000,000. The Defendant and D (hereinafter “Defendant, etc.”) demanded the Plaintiff to receive some of the above real estate loans as security around September 201.

However, the Plaintiff rejected only a part of the remainder, which is not the total remainder, and instead, the Plaintiff loaned funds to the Defendant, etc.

Accordingly, on September 22, 2011, the Plaintiff transferred KRW 50 million to the account under the name of the Defendant.

3 The defendant et al. bear half of the auction deposit to the plaintiff around September 201, and the defendant et al. is the appellate court of the Jung-gu District Court.