1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. D, who is the spouse of the Plaintiff and the Defendant, shall bear half of the purchase fund, jointly purchase the entire E 2,281 square meters (hereinafter “E land”) and the entire F 1,679 square meters (hereinafter “F land”), and completed the registration of ownership transfer in the Plaintiff’s sole name on April 7, 2005 with respect to each of the above land.

The Defendant purchased 92/3,765 shares out of 3,643 square meters in Gu-si G-si, Gu-si (which is divided into G, H, I land, etc. on January 18, 2006; hereinafter “G land”) with Defendant’s funds, and completed the registration of ownership transfer on April 4, 2005 under the name of the Plaintiff.

On May 16, 2005, the defendant purchased at the defendant's fund 982 square meters prior to the JJ (hereinafter "the land in this case") and completed the registration of transfer under the plaintiff's father K.

B. The Defendant and D respectively remitted to the Plaintiff KRW 10,00,000 on March 19, 2005, KRW 20,000 on March 24, 2005, KRW 20,000 on March 24, 2005, and KRW 238,000,000 on April 6, 2005 (total amount of KRW 268,00,000).

C. On January 16, 2009, the establishment registration was completed on January 16, 2009, on the land of this case, with the joint collateral of 992/3,000 of the above E land, F land, and G land as the joint collateral, and the establishment registration was completed on January 16, 2009, consisting of the debtor, the plaintiff, the mortgagee, the defendant, the maximum debt amount of 120,000,000, and on the land of this case, the establishment registration was completed on January 16, 2009 (hereinafter the "mortgage of this case").

As the Korea Water Resources Corporation acquired G land as a public site on December 4, 2014, the Defendant received 94,500,000 won out of the total expropriation compensation of KRW 104,304,270 from the old City as a mortgagee on December 4, 2014.

E. On May 19, 2016, the Plaintiff entered into a contract to sell the above E/F land for KRW 215,000,000 to L. The Plaintiff paid KRW 10,000,000 on May 22, 2016, and KRW 100,000 on June 1, 2016, and the Defendant cancelled the right to collateral security on the above E/F land on June 3, 2016.

F. On July 15, 2016, upon the Defendant’s application, who is a mortgagee of the instant land.