1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Facts of recognition;

A. The Plaintiff and C married on April 12, 2002, and divorced on September 14, 2012.

B. The Defendant is a mother of C, who was in a relationship between the Plaintiff and the mother.

C. Around March 2003, the Defendant purchased multi-household housing in Gangseo-gu Seoul Metropolitan Government D (hereinafter “instant multi-household housing”).

The former owner of the instant multi-family housing is E, and the registration of ownership transfer was completed on April 30, 2003 on the instant multi-family housing due to the sale on March 3, 2003.

On the other hand, between the plaintiff and E, about the 4th of the instant multi-household housing (the 3rd of the public injury, hereinafter “instant housing”), the lease contract (A evidence No. 14; hereinafter “the first lease contract”) was made on March 31, 2003.

The first lease agreement includes ① deposit amounting to KRW 50 million (five million won is paid immediately after the contract is concluded, and any balance of KRW 45 million shall be paid on April 30, 2003), ② The delivery date of real estate is April 30, 2003; ③ The period of delivery of real estate is 24 months from the delivery date of real estate.

In this regard, E is the Plaintiff’s receipt of KRW 5 million for the down payment of KRW 5 million on March 31, 2003, and “the instant receipt” (hereinafter “the instant receipt”).

the certificate was issued.

E. On April 24, 2003, the Plaintiff applied for a loan of KRW 31 million with the loan period of KRW 20 million to F Co., Ltd. for the use of the loan fund for tax on a deposit basis, which is two years, using the first lease contract and the receipt of this case.

After the loan was approved on the same day, 30,648,730 won was deposited in the Plaintiff’s F account, and 30,000,000 won was deposited from the same account on April 25, 2003.

F. The Plaintiff completed a move-in report with C on May 2, 2003, and the Plaintiff resided in the instant housing until he/she left the instant housing due to the incombustibility with C, around 2008.

G. The plaintiff on April 17, 2005, immediately before the expiration of the first lease term.