착복금
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. The reasons for this part of this Court’s reasoning are the same as the reasons for the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The assertion and judgment
A. The Defendant asserted that B’s debt 135,341,156 won was repaid at KRW 73,50,000,000, and won was repaid at KRW 45,000,000, and won was won by filing a lawsuit seeking revocation of a fraudulent act against the Plaintiff, etc.
Defendant claimed the return of KRW 28,500,000 (=73,500,000-45,000,000) that the Defendant was born.
B. In light of the above, the evidence submitted by the Plaintiff alone is insufficient to acknowledge that the Defendant has recovered KRW 28,500,000, and there is no other evidence to acknowledge this.
In addition to the written evidence Nos. 3 and 1, the defendant asserts that the claim for damages for delay from April 15, 2005 against B and the claimant as the preserved claim, and the claim for damages for delay from April 15, 2005 against G inheritors, including B and the plaintiff, was cancelled the contract of gift on May 23, 2005 with respect to the 295 square meters in J between B and the plaintiff, and the heir of G filed a lawsuit for revocation of the transfer registration of ownership, which was completed in the name of G as of May 23, 2005, with respect to the above real estate, to the effect that the heir of G fulfilled the procedure for cancellation of the transfer registration of ownership, which was completed in the name of G as of May 23, 2005.
3. The plaintiff's claim for conclusion is dismissed as it is without merit, and the judgment of the court of first instance is just in its conclusion, and it is so decided as per Disposition.