1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Facts of recognition;

A. The Plaintiff and Nonparty C are children of the deceased D (Death on February 22, 2008, hereinafter “the deceased”) and the relationship between the Defendant and Nonparty C by marriage.

B. On March 7, 2006, the Deceased prepared a loan certificate prepared on March 7, 2006 by the borrower, the deceased, the borrower, the amount of KRW 100 million, the interest disturbance, and the due date for payment (hereinafter “the loan certificate of this case”). On March 7, 2008, the Daejeon District Court, Jinjin-si Branch of the Daejeon District Court, No. 8427, March 14, 2006, set up a collateral security (hereinafter “the collateral security right of this case”) with respect to E forest land of KRW 1,361 square meters (hereinafter “instant real estate”).

C. On January 28, 2009, the Plaintiff completed the registration of ownership transfer on the instant real estate due to the inheritance by agreement division as the competent registry office of the Daejeon District Court No. 2413, Jan. 28, 2009.

Around June 7, 2012, the Defendant filed an application for a voluntary auction of real estate (hereinafter “instant voluntary auction”) with Seosan Branch of the Daejeon District Court I regarding the instant real estate (hereinafter “instant voluntary auction”), and the Defendant received KRW 100 million based on the instant collective security as the applicant creditor on January 30, 2013 (hereinafter “instant distribution procedure”).

E. In the instant dividend procedure, KRW 13,281,431 remaining after being distributed to creditors was deposited as Seosan Branch of the Daejeon District Court in the year 2013 Seosan Branch of the Daejeon District Court. The Plaintiff paid the said deposit without reserving an objection on April 9, 2013.

F. Meanwhile, around April 14, 2011, C filed a criminal complaint against the Defendant on the charge of occupational breach of trust, and on October 18, 2013, C rendered a disposition against the Defendant that he/she was suspected of having committed a criminal charge of occupational breach of trust.

G. Around December 2012, the Defendant lent KRW 222,400,000 to C from March 9, 2006 to May 19, 2007, and only KRW 110,000,000,000, out of which was repaid, the Suwon District Court’s KRW 2010,000,000,000, as the Housing Sitewon 201.