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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On November 30, 2005, with respect to the basic facts, the registration of the transfer of co-ownership based on the purchase and sale on November 1, 2005 (hereinafter “the instant trade”) between the Defendant and his husband, on November 30, 2005, on the instant real estate building (hereinafter “instant real estate”).
F and G were married in 1964 and 5 South Korea (in order, Defendant, H, I, Plaintiff, and J). However, KRW 120 million out of the instant purchase money of 360 million (agreement 380 million - lease deposit repayment 20 million - lease deposit repayment 20 million) was raised from the Plaintiff’s account under the name of the Plaintiff, and KRW 100 million was raised from the Defendant’s account under the name of the J’s wife, KRW 68,500,000 from the Defendant’s account to the Defendant’s name, KRW 40,000,000 from the E’s account, and the remainder of KRW 31.5 million from the F’s account.
On September 19, 2014, the Defendant couple sold the instant real estate to L on 350 million won, and completed the registration of ownership transfer on 26 September 2014.
L on April 27, 2015, once again sold L to M for 380 million won and completed the registration of ownership transfer on May 8, 2015.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3 through 7, the purport of the whole pleadings
2. Judgment on the plaintiff's assertion
A. The plaintiff asserted that "the plaintiff would lend the real estate purchase fund of this case to the plaintiff," and on November 30, 2005, the plaintiff lent to the defendant 120 million won out of the real estate purchase price of this case.
Since the Defendant sold the instant real estate to L on September 26, 2014 and completed the registration of ownership transfer, the Defendant is obligated to pay the Plaintiff the loan amount of KRW 120 million and delay damages from September 27, 2014.
B. The fact that KRW 120 million out of the sales price of the instant case was paid out of the funds withdrawn from the Plaintiff’s account in the name of the Plaintiff is as seen earlier, and as indicated in the evidence Nos. 8 and 9.