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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. Before the subdivision, the Plaintiff owned the land of 446 square meters prior to C before the subdivision (hereinafter “C land”). However, on January 8, 2008, the registration of transfer of ownership was completed on the ground of sale (220,000,000 won) on December 3, 2007 to D on December 8, 2007.
B. Meanwhile, on the other hand, on December 10, 207, the registration of transfer of ownership on the ground of the sale (transaction value of KRW 5,600,00) on October 30, 2007, with respect to the land of KRW 922 square meters (hereinafter “E”) in Innju-si (hereinafter “E”) was made on December 10, 207 on December 10, 2007; ② on December 10, 2007, with respect to the land of KRW 982 square meters (hereinafter “F land”), the registration of transfer was made on October 30, 207 to the Plaintiff’s wife on December 30, 207 (transaction value of KRW 59,400,00) on the land of KRW 2,479 square meters (hereinafter “H land”); on December 30, 207, the ownership transfer registration was made on October 30, 2007 on each of the Plaintiff’s shares on July 27, 20007.
[Ground of recognition] Facts without dispute, entry of Gap 2 and 3 evidence, purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff's summary of the plaintiff's assertion accepted a proposal from the defendant, who is the husband of his father's father, to purchase and sell C's land to D. The defendant, who received 220,000,000 won from D's purchase price, used only 132,60,000 won and completed the registration of ownership transfer for F's land and H's share transfer for 1210/2497 out of F's land and H's land, and the remaining 87,40,000 won (220,000-132,60,000 won) were used without permission by the defendant E's land and H's land, 1269/2479,000 shares in the defendant's name. The defendant embezzled the above 87,40,000 won and delayed damages.
B. However, as alleged by the Plaintiff, the Defendant received the purchase price of land C and received it.