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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The plaintiff in the relationship between the plaintiff and the defendant residing in Busan and operated the private teaching institute, and the defendant had been in office as a nurse while living in the surrounding Yong-gu, but was in office as a nurse. The plaintiff was in alliance with each other, and "the defendant was living together with the plaintiff as a director in Busan and sought a new workplace, and the plaintiff was living together with the plaintiff."
B. (1) On November 1, 2016, the Plaintiff, from “C”, sold D Apartment-gu, Busan (hereinafter “instant apartment”) to purchase the purchase price of KRW 194 million ( KRW 19,400,000,000,000,000,000 for intermediate payment, KRW 388,000,000,000,000 won, and KRW 66,090,60,000,000,000,000,000,000 won, including down payment and intermediate payment, was paid by January 26, 2017.
(2) Meanwhile, around January 2017, the Plaintiff agreed with the Defendant to conclude the instant apartment sales contract under the name of the Defendant with a good condition for the lending of residual money, and concluded the sales contract again under the understanding of the seller around January 16, 2017, after cancelling the said sales contract, under the name of the Defendant, under the same conditions as the previous one.
The purchase price (contract money and intermediate payment) paid pursuant to the previous sales contract was returned to the deposit account in the name of the defendant, and the defendant re-paid with the purchase price pursuant to the new sales contract. On January 26, 2017, the defendant was granted a loan of KRW 135,80,000 from the F Bank and paid any balance, and received the registration of ownership transfer on the apartment of this case.
(3) On January 26, 2017, the Plaintiff has continuously resided in the instant apartment around January 26, 2017.
C. (1) On February 10, 2017, the Plaintiff remitted KRW 70 million to the Defendant.
(2) On February 28, 2017, the Defendant returned KRW 18,024,077 out of the said money to the Plaintiff.
From March 2017, the Plaintiff and the Defendant had conflict with each other due to the difference in the nature of the preparation process for marriage from March 2017.
Grounds for recognition: Facts without dispute, A.