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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. 1) The Defendant is C (the Plaintiff’s birth as the Plaintiff’s birth).
(2) On November 9, 1992, the Defendant brought a lawsuit against C for divorce 2017Dhap35359, the Seoul Family Court (Seoul Family Court) filed a lawsuit for divorce 2018Dhap30252 against C, and C filed a lawsuit for divorce 2018Dhap30252 with the same court as a counterclaim against it. On July 17, 2019, the court of first instance rendered a judgment ordering division of property by divorce and counterclaim, and the appellate court (Seoul High Court 2019Reu2838 (principal lawsuit), 2019Reu2845 (Counterclaim)) rendered a judgment ordering division of property. On January 9, 2020, the appellate court (Seoul High Court 2019Reu2838 (principal lawsuit), which partially changed the part regarding the claim for division of property, and dismissed the appeal filed by the Defendant and C with respect to the divorce portion, respectively, on January 29, 2020.
(hereinafter “instant divorce lawsuit, etc.”). B.
1) On February 21, 2014, the Defendant and C were married, and on the joint name, on February 21, 2014, 80.29 square meters of reinforced concrete structure of Gangnam-gu Seoul E apartmentF (hereinafter “instant apartment”).
(2) Of the sales price of the apartment in this case, the Plaintiff’s mother D purchased KRW 65 million and received KRW 6696 on March 20, 2014, the KRW 9/10 of the said apartment in Seoul Central District Court received KRW 66696 on March 20, 2014 was completed the registration of ownership transfer in the future of the Defendant, and KRW 1/10 of the 1/10 of the sales price of the apartment in this case. (2) Of the sales price of the apartment in this case, the Plaintiff’s mother D assumed that the Plaintiff’s mother D bears part of the amount of the loans
C. The above D died on May 15, 2017, and his heir had H, Plaintiff, C, and I, a child.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 7, 9, 11, Eul evidence Nos. 1, 4, 6, 7, and 8, and the purport of the whole pleadings
2. Determination on the cause of the claim
A. On December 12, 2014, the Plaintiff’s assertion C on behalf of the Defendant, the spouse, and it also leases the instant apartment to the Plaintiff, C’s mother D and D as the lessor with a fixed period of time.