손해배상(기)
1. The plaintiff's main claim is dismissed.
2. The Defendant’s KRW 408,000,000 for the Plaintiff and its related expenses on July 11, 2018.
1. Basic facts
A. The Plaintiff and the Defendant known from around 2012 to around September 2016, the Plaintiff and the Defendant maintained the relationship of interest from around 2014 to around 2016.
B. The Plaintiff and the Defendant acquired the real estate indicated in paragraph (1) of the attached Table No. 1 in the Defendant’s name (hereinafter “instant apartment”) and the real estate indicated in paragraph (1) of the attached Table No. 1 (hereinafter “instant apartment”) in the Defendant’s name to acquire a house to live together around October 24, 2015,
(2) Accordingly, on October 24, 2015, the Defendant concluded a sales contract with C, the owner of the instant apartment, to purchase the said apartment at KRW 478 million, and up to December 11, 2015, the said purchase price was fully paid to C by December 2015.
(3) After December 11, 2015, the registration of transfer of ownership in the name of the defendant was completed with respect to the apartment of this case on the following grounds: (a) the apartment of this case was provided as security to Han Bank Co., Ltd. as to the apartment of this case; (b) and (c) the purport of the entire entries and arguments in the evidence Nos. 8, 19, and E No. 2.
2. Summary of the parties' arguments;
A. The summary of the Plaintiff’s assertion 1) The Defendant, while without the intention to marry with the Plaintiff, had deceiving the Plaintiff to the effect that “I would live together with the Plaintiff on the face of death,” and the Defendant received KRW 48 million from the Plaintiff as the funds for purchase of the instant apartment. Therefore, the Defendant is obligated to pay the said KRW 480 million as compensation for tort, and the damages for delay thereof (main claim). (2) The Plaintiff, as compensation for damages for tort, delivered the Defendant KRW 480 million out of the purchase price of the instant apartment with the money received from the Plaintiff, and the Defendant purchased the instant apartment with the money received from the Plaintiff.
However, between the plaintiff and the defendant.