손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The plaintiff and C live together.
Around June 2012, around 2012.
Between the Plaintiff and C
d. E was born.
The defendant is a mother of C.
B. In order to live together with C on February 10, 201, the Plaintiff leased part of the G-based G-based G-based G-based G-based G-based G-based housing from F in KRW 25,000,000. Of the above deposit, the Defendant directly remitted KRW 5,000,000 to F on February 10, 201.
C. The Defendant filed an application for provisional seizure of real estate against the building indicated in the separate sheet (hereinafter “instant building”) owned by the Plaintiff with the Gangwon Government District Court 2013Kadan961, which held the right to claim the return of KRW 5,000,000 as the right to avoid preservation. On February 14, 2013, the said court accepted the above application by the Defendant and rendered a provisional seizure of real estate, and on the same day, the provisional seizure registration was completed with respect to the instant building.
(hereinafter the above provisional seizure is referred to as the "provisional seizure of this case").
The defendant received the above KRW 5,00,000 from F around May 3, 2013.
E. On October 29, 2015, the Plaintiff deposited KRW 5,000,000 as the amount of release, and filed an application for revocation of enforcement of the provisional seizure of this case with the District Court 2015Kaman774, which was the District Court of the Republic of Korea. On October 29, 2015, the said court accepted the Plaintiff’s application and revoked the execution of provisional seizure, and on November 10, 2015, the provisional seizure registration of this case was revoked.
F. On October 20, 2015, the Plaintiff sold the instant building to H.
【Ground of recognition】 The fact that there is no dispute, Gap 2, 4, Eul 1, 2, and 3 (including branch numbers), the purport of the whole pleadings
2. The plaintiff's assertion that the right to claim the return of KRW 5,00,000 is merely the defendant's claim against the plaintiff's C, not the claim against the plaintiff. The defendant, even though he knows such circumstance well, made the provisional seizure of this case on the building of this case, with the right to claim the return of KRW 5,00,000 as the right to claim the return of KRW 5,00,000 as the right to claim
Therefore, the defendant is liable for damages.