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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff and C were married on November 15, 1989, but the agreement was married on April 2, 2012, and the Defendant is C’s words.
B. On September 29, 2008, the Plaintiff and C purchased the apartment house No. 202, 1002, and 1002 (hereinafter “instant apartment”) in KRW 91,00,000, and completed the registration of ownership transfer in the name of C on October 8, 2008.
At the time, the Plaintiff was working in TSCo, but the Plaintiff and C prepared the purchase price of the apartment of this case as KRW 30,000,000,000, the loan borrowed from the said stock company, KRW 30,000,000, and KRW 30,000,000, the loan borrowed from the Defendant by C.
Since then, the plaintiff paid a certain amount to the above corporation in installments from monthly pay to the above corporation, and on April 2, 2012, the loan to the above corporation was KRW 11,500,000.
C. C on October 13, 201, sold the instant apartment to E in KRW 155,500,000,000, out of the sale price, C used 30,000,000 out of the sale price to pay the borrowed amount to the Defendant.
On July 25, 2012, the Plaintiff filed a claim for the division of property against C with the Changwon District Court 2012Ra681, which was the first instance court, and the Defendant appeared as a witness at the above trial and stated that the Defendant is in custody of KRW 125,00,000, out of the sales price of the instant apartment, 155,50,000,000, among the sales price of the instant apartment.
E. On June 18, 2013, the foregoing court rendered a ruling to the effect that C shall pay the Plaintiff a property division of KRW 68,250,000 and delay damages therefrom (hereinafter “instant property division decision”).
C From KRW 155,500,000, the sales price of the apartment of this case was KRW 30,000,000 to the Defendant, and the remainder of KRW 95,00,000 to the Defendant was used as a security deposit for the lease of the apartment, and thereafter was returned to C. The remainder of KRW 30,00,000 is owned by C.
. The apartment of this case