1. All of the plaintiff's claims are dismissed.

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

1. Basic facts

A. From February 28, 2011 to October 26, 2015, the Plaintiff transferred to the Defendant a total of KRW 68,151,500 (= KRW 26,470,000 KRW 26,470,00) as shown in attached Table 1, 2, and 3 as shown in attached Table 1, 2, and 3 from February 26, 2015.

B. On July 10, 2013, the Plaintiff transferred KRW 10,280,000 to D, a vehicle seller, under the name of the Defendant’s purchase price.

C. C purchased from E on March 2, 2014 F apartment 102 Dong 311 (hereinafter “instant apartment”) in Chang-gu, Chang-gu, Chang-si, Seoul (hereinafter “instant apartment”) and completed the registration of ownership transfer on the 27th of the same month. On March 3, 2014, the Plaintiff remitted KRW 29,500,000 to E as the sales price of the instant apartment.

The plaintiff filed a criminal complaint for the crime of fraud and evasion of compulsory execution by asserting that the defendant had obtained money through the process of marriage, but the original district prosecutor's office rendered a non-prosecution disposition on June 20, 2016 on the grounds that the defendant did not have any intention to obtain fraud or any false transfer on the ground that he/she had no intention to

(Reasons for Recognition) The fact that there is no dispute over the original district public prosecutor's office 2016No. 17905. [Ground for Recognition], Gap evidence 2 through 5 (including branch numbers), Eul evidence 2, and the purport of the whole pleadings.

2. Determination as to the cause of action

A. The Plaintiff’s assertion 1) lent KRW 68,151,500 in total to the Defendant as a result of living expenses, etc. from 2011, and ② on July 10, 2013, the Plaintiff lent the Defendant’s purchase price of KRW 10,280,00 to D, a seller. ③ On March 3, 2014, the Plaintiff lent KRW 107,931,500 in total (68,151,500 in total) by means of remitting the purchase price of the instant apartment to E, a seller, to E, as shown in the attached Form, and as indicated in the attached Table, lent the Plaintiff’s total sum of KRW 108,431,50,00 in total (68,151,500 in total) as KRW 10,280,000 in total (30,000 in total)0,000 in total, as the amount sought by the Plaintiff.

(2) The Plaintiff’s intent to donate the amount of KRW 40,00,000 to the Defendant, and thus, the remainder of KRW 67,931,50 should be paid.2) Even if the Plaintiff intended to donate the amount of KRW 40,00,00 to the Defendant.