손해배상(기)
1. The part of a judgment in the first instance against the principal lawsuit (2013 Gohap1433) shall be revoked;
2. The instant lawsuit shall be dismissed.
3...
1. Basic facts
A. On April 9, 2003, the Plaintiff entered into a sales contract with C to purchase KRW 136,00,000, KRW 136,000,00,000, KRW 20,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000.
B. At the time of April 9, 2003, the Plaintiff filed a lawsuit claiming a divorce and consolation money, asserting that the marital relationship has ceased to exist due to the Plaintiff’s gambling, external gambling, etc. as the Changwon District Court 2010ddan8307 against the Plaintiff and the superior, the Plaintiff’s spouse, on July 20, 2010.
In the above litigation procedure on October 25, 201, the agreement between the Plaintiff and S has been settled due to the establishment of mediation of the content of divorce.
The Defendant received KRW 70,000,000 from the Defendant, and paid KRW 70,000 as down payment to C, and on April 11, 2003, the Defendant received KRW 100,000,000 from the intermediate payment and paid KRW 100,00,000.
After that, on May 12, 2003, the Plaintiff provided the above 1 through 6th of the Agricultural Cooperatives Federation with land as collateral and received KRW 430,000,000 from the Defendant under its own name (hereinafter “instant loan”) and paid KRW 530,00,000 to C. The Plaintiff received KRW 100,000 from the Defendant, and received each of the above 1 through 30,000,000,000 from C. The Changwon District Court Kim Sea Registry on May 12, 2003 received each of the above 39609 and 39610.
다. 2003. 9. 16. 위 ④ 토지는 ㉮ G 답 853㎡(별지 목록 제1항 기재 부동산), ㉯ J 답 2,040㎡, ㉰ K 답 33㎡로, 위 ⑤ 토지는 ㉱ H 답 1,141㎡(별지 목록 제2항 기재 부동산), ㉲ L 답 380㎡로, 위 ⑥ 토지는 ㉳ I 답 1,781㎡, ㉴ M 답 1㎡로 각 분할되었다. 라.
한편, 피고는 2005. 5. 25. 원고로부터 위 ① 내지 ③ 토지, 위 ④의 ㉮ 토지 및 위 ⑤의 ㉱ 토지(이하에서는 별지 목록 기재 각 부동산을 ‘이 사건 각 부동산’이라고 한다), 위 ⑥의 ㉳ 토지에 관하여 창원지방법원 김해등기소 2005. 5. 25. 접수 제51429호로 2005. 4....