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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion
A. On April 20, 2008, the Plaintiff’s husband Nonparty C was introduced to Nonparty E and his spouse in a de facto marriage through Nonparty D.
B. Nonparty E, upon notification of the excellence of the natural environment and welfare policies of New Zealand, took place as if it had a lot of real estate assets with real estate investment and consulting in New Zealand, solicited the immigration of New Zealand, and tried to promptly settle it against those who determined the immigration, thereby allowing access to the housing or buildings so as to sell the housing or buildings offered for a security loan to other Korean nationals at a high price, and with the marginal profits, made money under the pretext of the fee to purchase the real estate under the name of other Korean nationals.
However, if the plaintiff and the defendant have the right to dispose of the F apartment owned by the plaintiff to the plaintiff and C, they had the right to dispose of the plaintiff's F apartment, they had the right to manage the apartment house in New Zealand, including the defendant and E, as if they were to have the right to manage the apartment house in New Zealand.
C. Around July 2008, Defendant and E transferred a commercial building located in Rotolua, a local city in New Zealand, which is not a new Zealand apartment that was originally promised to the Plaintiff and C, to sell the commercial building at will upon obtaining the Plaintiff’s right to dispose of the F apartment in an amount equivalent to KRW 310 million in the market value.
On July 208, 2008, the Defendant and E requested the Plaintiff to “a business fund is required to be lent as security to Liberian commercial buildings,” and the Plaintiff and C have borrowed USD 140,650 to New Zealand as security, and then remitted the amount of USD 140,650 ($ 103,283,000 in Chinese currency) to E’s account and Defendant’s account.
E. Afterward, the Defendant and E obtained it by lockedly without paying the above KRW 103,283,000.
Therefore, the defendant in collusion with E to commit a joint tort or a tort of E.