1. The plaintiff's main claim is dismissed.

2. The Defendant’s KRW 40,000,000 on October 1, 2014 to the Plaintiff.

1. Basic facts

A. In around 2000, the Plaintiff became aware of the Defendant and became aware of it, and around 2004, the Plaintiff employed the Defendant as a manager and opened a house.

B. On September 14, 2004, the Defendant maintained a very close relationship with the Plaintiff for a considerable period of time, such as aiding the Plaintiff’s construction business and providing meals, according to the Plaintiff’s proposal, since around 2006, after the frequency of the above frequency of establishment was closed down due to a business depression.

C. On July 7, 2010, the Plaintiff filed a divorce lawsuit against the Plaintiff, and the Plaintiff filed a counterclaim to seek a divorce and rendered a judgment ordering the division of property at the first instance court on April 6, 2012, where D and the Plaintiff were divorced and the Plaintiff rendered a judgment ordering the division of property. From the appellate court (Seoul High Court 2012Reu137) on July 12, 2012, the conciliation was concluded between D and the Plaintiff’s division of their assets.

Before the judgment of the court of first instance was rendered, the Plaintiff and the Defendant began living together from February 2, 2012, and completed the marriage report on February 15, 2013 (hereinafter “instant marriage report”).

E. On the other hand, on January 25, 2010, the Plaintiff was diagnosed with Alz’s Maz’s dementia. On March 3, 2011, the Plaintiff was diagnosed with the Defendant and E Hospital at the time of the inspection, and was diagnosed with dementia after undergoing the inspection. On May 24, 2011, the Plaintiff was diagnosed with “the level of dementia with a speech disorder.”

F. On August 2, 2013, after the report of the instant marriage, the Plaintiff filed a petition for adjudication on the commencement of adult guardianship (Seoul Family Court 2013J 6863) with the Plaintiff, and the judgment was rendered on July 30, 2014 to commence adult guardianship against the Plaintiff.

On June 23, 2015, the plaintiff's appeal and reappeal against the above judgment became final and conclusive on June 23, 2015.

G. In a lawsuit seeking confirmation of nullity of the marriage report of this case filed by F, the Plaintiff is capable of managing affairs due to mental constraints at the time of filing the marriage report of this case (Seoul Family Court Decision 2013Ddan58029, 2015Reu282, and Supreme Court Decision 2016Meu866).