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1. The plaintiff's selective claims are dismissed, respectively.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On May 19, 2007, the Plaintiff purchased from Yeonsu-gu Incheon Metropolitan Government D Apartment 103 Dong 304 (the instant apartment) from C in the purchase price of KRW 50,000,000, and the same year.
6. 11. The registration of ownership transfer concerning the apartment of this case is completed.
B. Since October 2007, E, the Plaintiff’s birth, was living together with the Defendant in the instant apartment from October 2007.
C. (1) Around 2011, the Plaintiff delegated the instant apartment to E for sale. (2) While the instant apartment is deemed to be one’s own ownership, the Plaintiff had the Defendant conclude the instant sales contract on behalf of the Plaintiff, and had the purchase price receive from the Defendant’s account.
3) On May 6, 2011, the Defendant concluded a sales contract with F and the instant apartment as the Plaintiff’s agent, setting the purchase price of KRW 82,00,000 (the instant sales contract). (4) The Defendant received from F the purchase price of KRW 82,00,000 from F and received KRW 27,000 from F to repay the secured obligation of the right to collateral security established on the instant apartment, and paid KRW 50,000 as real estate brokerage fees.
5) On July 6, 201, F completed the registration of ownership transfer on the instant apartment on July 6, 201. D. The Defendant leased and resided therein, and used the remainder of the purchase price as the rental deposit and household purchase price of the said G apartment. E around March 2012, while entering the said G apartment and continuing living together with the Defendant, E requested the Defendant to pay KRW 13,000,000 to the Defendant among March 2012. E paid KRW 10,000 among them to the Plaintiff, and returned the remainder of KRW 3,00,000 to the Defendant by July 1, 2012. The Plaintiff living together with the Defendant on the charge of embezzlement around July 1, 2013, the Prosecutor of Incheon District Prosecutors’ Office did not file a complaint against the Defendant on the charge of embezzlement, but did not have any evidence against the Defendant’s prosecutor on May 21, 2014.