1. The plaintiff's claim is dismissed.

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

Basic Facts

The Defendant paid to Nonparty C, a real estate broker, KRW 10 million on January 6, 2009, and KRW 30 million on January 8, 2009.

C On January 8, 2009, Nonparty D purchased Eunpyeong-gu Seoul E Apartment 732 Dong 603 (hereinafter “instant apartment”) from Nonparty D, and drafted a sales contract to transfer the apartment to a person designated by the buyer at the time of the remainder of the purchase.

On January 8, 2009, the Plaintiff entered into a title trust with the introduction of Nonparty F, and received KRW 5 million from F at the case cost.

In accordance with the above agreement, the Plaintiff entered into a sales contract that the Plaintiff purchases from D, the former owner of the instant apartment on January 8, 2009, and completed the registration of ownership transfer on May 6, 2009.

On May 6, 2009, the Plaintiff obtained a loan of the apartment of this case as security from the New Saemaeul Fund of the Republic of Korea on the same day, and completed the registration of creation of a neighboring mortgage of KRW 689,00,000 with respect to the apartment of this case to the New Saemaeul Fund of the same day.

From June 2009 to June 201, F deposited interest on loans of an amount equivalent to KRW 100 to KRW 3 million each month into the Plaintiff’s account and paid it to the New Saemaul Bank in Korea.

(1) On September 201, 201, C paid for interest at F’s request, and from October 201 to December 201, 201, the Defendant paid for the instant apartment. After November 25, 2009, the Plaintiff entered into a lease agreement with Nonparty G (and his/her wife) on a deposit amount of KRW 300 million for the instant apartment, the period from November 20, 2009 to November 19, 201, and G completed the registration of establishment of chonsegwon on the instant apartment on November 26, 2009.

G paid KRW 2 million on October 24, 2009, and KRW 28 million on October 26, 2009, and KRW 26.28 million on October 26, 2009, and F remitted to the Defendant on October 27, 2009 and KRW 5 million on December 10, 2009.

F With the remainder of the deposit of the lease on November 25, 2009, the F shall collect KRW 270,000,000,000,000,000 for repayment of the loan to the Saemaul Depository in the year, and accordingly, the maximum debt amount of the right to collateral security on November 27, 2009 shall be 429,00.