1. The Defendant’s notary public against the Plaintiff is based on the 673 process deed No. 2019, 2019, drafted on August 28, 2019.

1. Facts of the premise without dispute;

A. The Defendant (the actual actor, as the father of the Defendant, refers to the Defendant’s father, who is collectively named D; hereinafter the Defendant and D), created a lower right and superficies over KRW 145 million for the construction cost, instead of being awarded a contract from the Plaintiff for the construction cost of KRW 168,00,000 (a value-added tax separate) to the E-Gun E-based land (the Plaintiff’s leakage or F-owned land; hereinafter “instant land”) in order to secure the claim for the construction cost on March 28, 2019, in relation to the new housing construction project, instead of being awarded a contract with the Plaintiff for the construction cost of KRW 145,00,000 from the Plaintiff.

B. On August 2019, the Plaintiff and the Defendant: (a) cancel the registration of the establishment of the lower right and superficies of the above Defendant on the instant land; (b) obtain a new loan of KRW 200 million from the H association in the name of Nonparty G by taking the instant land and the ground-based house as security at KRW 200 million; and (c) pay the construction price to the Defendant after repaying the Plaintiff’s loan to the I association.

(c)

On August 28, 2019, the Plaintiff prepared and rendered the instant certificate of fairness with the purport that KRW 80 million will be repaid to the Defendant on September 10, 2019.

(d)

On September 9, 2019, the Defendant ordered the cancellation of the registration of the lower right and superficies creation of the above Defendant’s neighboring land. On September 9, 2019, the Plaintiff also granted a loan of KRW 210 million in the name of G in the name of G with a loan of KRW 126 million among the above KRW 126 million, and then remitted the remainder of KRW 79.6 million, excluding the registration expenses, to the Defendant on October 30, 2019, and again, remitted KRW 40 million to the Defendant on October 30, 2019.

2. The parties' assertion

A. The Plaintiff’s instant work process deed was prepared to ensure that the Plaintiff shall pay to the Defendant KRW 80 million from the loans under G name.

On September 9, 2019, the Plaintiff paid KRW 79.6 million to the Defendant on September 9, 2019, and paid KRW 400,000 to the Defendant on October 30, 2019, both of the above KRW 80,000 to the Defendant.