1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Summary of the parties' arguments

A. On August 2, 2013, the Plaintiff asserted that the Defendant concluded a sales contract with Seodaemun-gu Seoul Metropolitan Government D Urban Residential Housing (hereinafter “instant building”) E and F, each of which was sold in lots at KRW 195,00,000.

In addition, in April 2014, if the balance of the above sales contract was leased KRW 200 million in order to make the plaintiff pay the balance to the plaintiff at the time of early, it was requested to pay the full amount after the registration of ownership transfer.

On April 18, 2014, the Plaintiff lent KRW 200 million to the Defendant by means of transferring KRW 200 million to the account of Co., Ltd., but the Defendant did not pay the said money even after the transfer registration, contrary to the promise.

Therefore, the Defendant is obligated to return the loan amount of KRW 200 million to the Plaintiff and pay damages for delay after March 30, 2015.

B. The new bank account in the name of the Plaintiff (hereinafter “the bank account in this case”) in which the Defendant’s claim for the remainder of KRW 200 million was transferred is the Plaintiff’s father G (Death on August 25, 2015)’s use for business, and the said KRW 200 million was transferred to G in order to repay the borrowed loan borrowed from the Defendant, and it does not constitute the money borrowed from the Plaintiff. Thus, the Plaintiff’s claim cannot be complied with.

2. Determination

A. The fact that KRW 200 million was transferred from the Plaintiff’s bank account to the account of Co., Ltd. on April 18, 2014, and that it was appropriated for the sale price under subparagraphs and f of the instant building E and F that the Defendant bought in lots is not a dispute between the parties.

In addition, when comprehensively considering the overall purport of the arguments in the statements in Gap evidence Nos. 3 through 5 and 7 through 9, the plaintiff asserted that the above KRW 200 million was a loan, and on May 8, 2014, the real estate provisional seizure order (Seoul Southern District Court 2014Kadan70358) against the building Nos. 3 and 6 of this case was enforced on July 30, 2014, and the plaintiff cancelled on March 30, 2015, which is part of the above KRW 100 million.