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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On November 26, 1996, the defendant married with C, who is his/her father and wife, and left D (the birth of March 1998) under the sleep.
B. On August 19, 2004, C completed each registration of the transfer of ownership on November 5, 2010 with respect to the sale of the E apartment Nos. 102, 401, Nam-gu, Incheon Metropolitan City due to voluntary auction on the same day, and on November 19, 2010, 3010 (hereinafter “instant commercial building”).
C. On February 7, 2017, the Defendant filed a lawsuit claiming divorce, etc. against C, the Incheon Family Court (2017Dhap10142) against C, and the Defendant and C are divorced from the same court on April 10, 2017. As to division of property, C implements the procedure for the registration of ownership transfer of the instant commercial building within one month from the date of the decision to recommend settlement, and confirms that the said apartment belongs to C’s ownership finally and conclusively, and further, as of the date of the decision to recommend settlement in this case, all of the remainder of the Defendant and C’s name and the negative property are finally and conclusively reverted to C. The Defendant paid KRW 3 million monthly to C with D school expenses for two years from September 25, 2017. The Defendant and C received a decision not to file a claim for settlement under any pretext, such as consolation money and property division in the future.
On June 13, 2017, the registration of ownership transfer was completed on April 10, 2017 under the name of the defendant with respect to the commercial building in this case.
[Reasons for Recognition] Unsatisfy, entry of evidence Nos. 2 and 3, the purport of the whole pleadings
2. According to the evidence Nos. 1 and 2, and evidence Nos. 5-3 of the judgment as to the cause of the claim, the fact that on November 1, 2010, a KRW 130 million was withdrawn from the financial account in the Plaintiff’s name, C remitted the Plaintiff KRW 64 million on January 19, 201, and the Plaintiff KRW 35 million to C on August 1, 201.