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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. The Plaintiff, a Chinese national, was in a marital relationship under the Chinese law with Nonparty D, a Chinese national, and entered the Republic of Korea around 2013 according to D who first entered the Republic of Korea around 2011.
The defendant is a person in a de facto marital relationship with the non-party E who is his mother.
B. On December 23, 2015, D purchased real estate listed in the separate sheet (hereinafter “instant apartment”) in the purchase price of KRW 330,00,000 and completed the registration of ownership transfer on February 15, 2016, and resided together with the Plaintiff in the instant apartment after completing the registration of ownership transfer. As to the instant apartment on September 28, 2017 during the marriage period with the Plaintiff, D completed the registration of ownership transfer under the Plaintiff’s name on the grounds of sale as of August 27, 2017.
C. At around April 20, 2018, the Plaintiff, while undergoing D’s marital conflict, issued the Plaintiff’s seal imprint, the Plaintiff’s certificate of personal seal impression, and the Plaintiff’s personal seal impression directly issued to the Defendant and E, and divorced from D around October 2018.
On behalf of the Plaintiff, on May 23, 2018, the Defendant entrusted the preparation of a promissory note No. 334 on behalf of the Plaintiff, to a notary public C office, and the notary public C shall, on its behalf of May 23, 2018, immediately delay in the payment of the amount of the promissory note to the bearer of the Plaintiff, the payee, the Defendant, the Defendant, the amount of KRW 95,00,000,00,000, date of issuance, May 23, 2018, date of issuance, Incheon Metropolitan City, at each Incheon Metropolitan City, at the place of payment at the place of payment at the place of payment at the place of payment at the place of payment, and the promissorysory note No. 335, supra, stating that there is no objection even if compulsory execution.