1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. The fact that the Plaintiff loaned the Defendant a total of KRW 15,000,000,000 on November 14, 2012, and KRW 11,000,000 on May 2, 2013 does not conflict between the parties.

[Defendant: (a) was led to the confession that the Plaintiff borrowed KRW 15,00,00 from the Plaintiff at the first instance trial, but the above money was not borrowed, but it was reversed that it was paid with the purchase price; (b) however, the confession at trial is a statement unfavorable to himself/herself, consistent with the allegations by the other party on the date of pleading or the date of preparatory pleading, so long as the confession at trial is not lawfully revoked; and (c) the party that revoked the confession is bound by the court, unless it is legally revoked; and (d) bears the burden of proving that the confession was due to mistake, not against the truth (see, e.g., Supreme Court Decision 2012Da86048, Jun. 27, 2013). Each of the statements in subparagraphs 1 through 3 of the above subparagraphs are insufficient to recognize that the confession made by the Defendant at the first instance trial was contrary to the truth and due to mistake; and (d) there is no other evidence to acknowledge that the Defendant’s confession at least 20% of the above amount of the Plaintiff’s pleading at 3010 days after the above.

2. In lieu of the return of the instant loan at the Plaintiff’s request, the Defendant’s judgment on the Defendant’s assertion is the Plaintiff’s share of 165/56,632 square meters out of 56,632 square meters of land in Seongbuk-gu, Sungnam-si (hereinafter “instant land”).