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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. After marriage on December 30, 1983, the Plaintiff and the Defendant had 1 South and North knife under the slife, but the agreement was reached on July 7, 2006.
After that, the plaintiff and the defendant decided to coincide with the decision after a certain period of time due to the problem of children.
B. On March 7, 2008, the Plaintiff received proposals from the Defendant that “The Plaintiff purchased the Plaintiff’s C Apartment 108 Dong 501, Jung-gu, Daejeon, Daejeon, which he purchased at the auction procedure, and completed the registration of ownership transfer in the name of the Defendant after having consented thereto. The Defendant sold the said C Apartment at KRW 224 million around August 201, and the remainder of KRW 91,00,000,000,000,000,000,000,000,000,000,000,000 won. (2) around September 7, 2011, the Plaintiff purchased the D Apartment 102 Dong 1205,1205,000 won in the name of the Defendant and completed the registration of ownership transfer in the name of the Defendant.
At the time, the Plaintiff acquired the secured debt of KRW 78 million with respect to the said D Apartment, and actually paid the remainder of KRW 57 million.
C. The part of the claim for damages arising from the tort is that the Defendant, from July 2006 to January 201, 2013, after the divorce between the Plaintiff and the Plaintiff, withdrawn approximately KRW 124 million in total from the passbook in the Plaintiff’s name without the Plaintiff’s permission, and used it at his own discretion or did not return it to the Plaintiff.
Therefore, the Defendant’s return of unjust enrichment to the Plaintiff (i.e., KRW 91 million for the sale of the said D apartment - KRW 57 million for the actual purchase price of the said D apartment) is not clear. However, in view of the Plaintiff’s purport of claim, the Plaintiff paid KRW 57 million for the actual purchase price of the said D apartment using KRW 91 million for the remainder of the sale of the said C apartment, and the difference seems to have been claimed to the Defendant.
The total amount of KRW 124 million and the total amount of KRW 158 million = the above amount of KRW 34 million as compensation for damages caused by theft or embezzlement.