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1. The plaintiff's lawsuit against the defendant C shall be dismissed.
2. The plaintiff's claim against the defendant B is dismissed.
3...
Reasons
1. The facts following the facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in each of the statements in Gap evidence Nos. 1 to 4, and No. 1 and 3.
On March 31, 1998, the Plaintiff married with Defendant C, and on October 8, 2004, the Plaintiff completed the registration of preservation of ownership as to Nos. 1702 of Gangdong-gu Seoul Metropolitan Government D No. 104, 1702 (hereinafter “instant apartment”).
B. Defendant B, as the form of Defendant C, began to engage in brubing and wholesale business with the trade name “E” on October 16, 2007, and Defendant C set away from the company dealing with fishery products accompanying April 2009, and around July 2009, Defendant C began to deliver fishery products to the new world department store operated by New World Co., Ltd. (hereinafter “New World department store”) with the trade name of the said “E”, and the Plaintiff was in charge of its accounting and accounting affairs from around that time, and the title holder of the “E” is Defendant B.
C. On November 24, 2009, the Plaintiff: (a) had registered the creation of a mortgage on the apartment of this case to the Bank of Korea (hereinafter “Korea Bank”); (b) the maximum debt amount of KRW 120,000,000; (c) the debtor B; and (d) on the same day, our bank transferred KRW 100,000,000 to the deposit account of Defendant B (F; hereinafter “the instant deposit account”); and (c) on the same day, our bank transferred KRW 100,000 to Defendant B’s deposit account for corporate driving loans.
On August 20, 2010, the Plaintiff: (a) had registered the establishment of a mortgage on the apartment of this case with the maximum debt amount of KRW 120,000,000; and (b) had transferred KRW 100,000,000 to the instant deposit account under the pretext of corporate driving loans.
E. Defendant C filed a lawsuit with the Seoul Family Court to seek divorce and division of property against the Defendant, and on May 7, 2013, the Seoul Family Court 2013da8277 divorce and consolation money, etc. “Plaintiff and Defendant C” in the instant case.