1. The Defendant: (a) KRW 40,000,000 for the Plaintiff and 15% per annum from April 18, 2019 to May 31, 2019; and (b).

1. Basic facts

A. The plaintiff is the father of Nonparty D, and the defendant C is the spouse of Nonparty D, who is the plaintiff.

B. Each real estate listed in the separate sheet (hereinafter “instant real estate”) was owned by the Plaintiff, but on January 17, 2019, the ownership transfer registration (hereinafter “instant ownership transfer registration”) was completed on the ground of the gift on January 15, 2019 under the Defendant’s name (hereinafter “instant gift agreement”).

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 to 6, the purport of the whole pleadings

2. The Plaintiff’s assertion ① When the Defendant and Nonparty D were detained by their own children, the Defendant requested the Plaintiff to lend money for the formation of the agreed amount, and, around July 18, 2016, lent KRW 60 million to the Defendant by taking out loans from the F Association as collateral, E and 3 parcels owned by the Plaintiff, from the F Association, at the time of the issue on July 18, 2016. However, the Defendant paid KRW 20 million out of the said money and did not pay the remainder. As such, the Defendant is obligated to pay the Plaintiff the said money and damages for delay.

② The Plaintiff did not express his/her intent to donate the instant real estate to the Defendant, and even if the Plaintiff concluded the instant donation contract with the Defendant, the said donation contract is null and void as it was concluded with his/her capacity to perform his/her duties due to Alz’s dementia, and the registration of transfer of ownership in the name of the Defendant should also be cancelled due to the invalidity of the cause.

3. Determination

A. According to the overall purport of Gap evidence Nos. 3-1, 2, and 4 as to the loan claim, according to the purport of Gap evidence No. 3-1, 4 and the whole pleadings, the plaintiff was granted a loan from the F Association as security on the land outside the land E and three parcels of land at the time Chungcheongnam-do, Chungcheongnam-do, Busan, as of July 18, 2016. The plaintiff was deposited 59,89,400 won as of July 18, 2016 and remitted all of the above money to the defendant on the same day, and the defendant was every month until December 2018.