The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Facts of recognition;

A. The plaintiff's mother C and the defendant are children.

B. Around June 5, 2009, the Defendant purchased Gwangju Mine-gu E apartment and F (hereinafter “instant apartment”) from D Co., Ltd. and completed the registration of ownership transfer in the name of the Defendant on August 3, 2009.

C. On February 16, 2010, the registration of transfer of ownership in the name of the Plaintiff was completed on the ground of sale on December 23, 2009.

As to the apartment of this case, the right to collateral security in the name of G Co., Ltd. with the debtor as the plaintiff is set up from January 26, 2017 to the date of maximum debt amount of 255,60,000 won.

E. The Defendant deposited KRW 35 million on May 9, 2019, and KRW 15 million on May 19, 2019, respectively, with the H Bank account under the Plaintiff’s name, and deposited KRW 85 million on May 19, 2019, respectively. The Defendant deposited KRW 35 million on May 19, 201, with the I Bank account under the Plaintiff’s name.

F. Meanwhile, the Defendant asserted that the instant apartment was trusted in title to the Plaintiff, and filed a lawsuit against the Plaintiff seeking the cancellation, etc. of the registration of transfer of ownership in the name of the Plaintiff as seen earlier by this court No. 2019Da521576, and is currently pending in the lawsuit.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1 (including paper numbers), the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion that the Plaintiff purchased the instant apartment from the original Defendant and acquired the ownership thereof. After that, the Defendant wishes to purchase the said apartment, the Plaintiff and the Defendant, on April 2019, paid KRW 365 million to KRW 365 million, and as seen earlier, KRW 200 million was acquired by the Defendant and replaced by intermediate payment, and the remainder of KRW 165 million was paid until May 29, 2019.

However, as seen earlier, the Defendant paid only KRW 85 million out of the remainder and did not pay the remainder of KRW 80 million.

Therefore, the Defendant paid the Plaintiff the above KRW 80 million with the payment of the purchase price.