1. The plaintiff's claim is dismissed.

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

1. Basic facts

(a) C and D are between the relatives who graduated from the same elementary school.

D In order to operate the restaurant business with the trade name of “E”, D has established a “F of a limited liability company” and on July 2, 2008, with “C has invested KRW 150 million, it shall be KRW 100,000,000,000 among them, and D shall be KRW 100,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won.

C in accordance with the above agreement, on July 3, 2008, transferred the investment amount of KRW 150 million to D on July 3, 2008.

B. On July 2, 2008, the Defendant, who is a professor of the University Nursing Department, was a spouse under the law of D, and divorced around 2008. In order to guarantee the Plaintiff’s obligation to refund investment funds, the Defendant created a collateral security right of KRW 50 million with respect to the Plaintiff, which is owned by the Defendant, of KRW 231 square meters and the 5th floor above the Plaintiff’s land.

C. D, around the end of July 2008, knew that it is impossible to install urban gas facilities necessary for restaurant operation at the above store, and agreed to waive the lease of the above store and the opening of restaurant business, and return C the total amount of the above investment funds. On September 8, 2008, D returned 70 million won out of the above investment funds first to C.

On the other hand, D, separate from the above restaurant that failed to start the business, operated the restaurant in the name of "K" under the name of the Defendant by leasing Jcondo 1-24 of the first floor in Busan, Busan, and registered its business in the name of the Defendant, and operated the restaurant in the name of "K".