1. The Defendant’s KRW 40,000,000 as well as the annual rate of KRW 5% from August 9, 2018 to September 22, 2020 to the Plaintiff.

1. Determination as to the cause of claim

A. The facts of recognition 1) The defendant, which was known through the introduction of the first patrolman on August 2018, 2018, was owned by the plaintiff, which was offered as a kind of paper by the plaintiff, the Busan Dongdong-gu C apartment D (hereinafter "the apartment of this case").

(2) On August 4, 2018, the Plaintiff visited the Plaintiff and entered into a real estate sales contract with the purport to purchase the instant apartment at the coffee shop located in the Geumcheon-gu Busan Metropolitan Government, with the purchase price of KRW 350 million, and to pay the purchase price in full at around November 10, 2018. (2) The Defendant provided the Plaintiff with the said apartment as security and provided KRW 80,000,000 as the construction cost for the interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior decoration work before the purchase price is paid. (3) On November 10, 2018, the Defendant provided the said apartment as security and lent KRW 80,000,000 to the Plaintiff for construction cost for the first time, and paid the purchase price on or around November 10, 2018.

3) However, in fact, the Defendant received the instant apartment as the expense for interior construction, and planned to consume it for the purpose of full payment of personal debt, living expenses, etc., and even if the money was received from the Plaintiff, there was no intention or ability to carry out the said apartment interior interior decoration construction. 4) The Defendant, by deceiving the Plaintiff, obtained the instant apartment from the Plaintiff as security and received the loan from the Plaintiff, KRW 40 million from the Plaintiff to the Busan bank account in the name of the Defendant’s wife, on August 8, 2018, for the purpose of the said apartment interior construction.

5) The Defendant was prosecuted due to the above facts constituting the crime of fraud (the Changwon District Court Decision 2019Da1719, 3124 (Merger), and the above court found the Defendant guilty of the above facts constituting the crime against the Plaintiff on June 16, 2020 and two years of imprisonment for the Defendant.