beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On March 15, 2012, the Plaintiff respectively lent KRW 15 million to S, who was missing, to C, KRW 23 million on November 16, 2013, KRW 7 million on November 8, 2013, and KRW 5 million on January 15, 2014.
Since C did not repay each of the above amounts, the Plaintiff filed an application with C for a payment order (Seoul Eastern District Court 2015 tea6157) claiming the return of the above loans, and accordingly, on October 13, 2015, the payment order was issued on October 13, 2015, stating that “C shall pay the Plaintiff KRW 51,397,259 and its delay damages,” which became final and conclusive around that time.
B. On December 14, 2015, while married with the Defendant, C was divorced by filing a divorce report. On January 12, 2016, based on the original copy of the above payment order, the Plaintiff received the claim amount as KRW 51,397,259 from the court below on January 12, 2016 based on the original copy of the above payment order. The Plaintiff received the claim amount as KRW 51,397,259 from C and the Defendant acquired during married life and completed the registration of ownership transfer under the name of the Defendant (hereinafter “instant apartment”), among the claim amount arising from the claim for division of property against the Defendant, the above amount was seized in KRW 51,397,259 (hereinafter “instant collection order”). The instant collection order was served on the Defendant at that time.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, Eul evidence 1 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. Judgment on the existence of collection claims
A. The Plaintiff asserted the right to claim division of property, and C may exercise the right to claim division of property against the Defendant, subject to division of the property acquired during the marital life, such as the instant apartment. If the value of the instant apartment exceeds KRW 400 million, C is entitled to claim division of property, and as such, C is at least KRW 200 million, the Plaintiff’s right to claim division of property equivalent to the amount claimed against C in the instant collection order exists.