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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff asserted that the Plaintiff purchased 917 and 1216 (hereinafter “each of the instant buildings”)’s ground houses C in Seoan-gu, Seoan-gu, Seoan-gu, Seocheon-gu, the Plaintiff deposited KRW 225,674,90 with D’s account on January 16, 2015, as the Defendant would wish to deal with the sales price instead of paying the sales price.
The defendant has used all the money deposited by the plaintiff as proceeds of sale, while recognizing the use of part of the money for personal purposes in the plaintiff's continued execution.
If the sales price of each building of this case is more than KRW 166,200,000 in total and excluded KRW 16,000,000,000,000 paid by the Plaintiff, the sales price of KRW 225,674,90 deposited by the Plaintiff is 150,200,000 (=166,200,000 won - 16,000,000).
Therefore, the Defendant should return to the Plaintiff the amount of KRW 75,474,90 (i.e., KRW 225,674,900 (i.e., KRW 150,200,000) and damages for delay.
2. According to the evidence No. 1-3 evidence, the Plaintiff deposited KRW 225,674,90 in the name of D on January 16, 2015, and the Plaintiff can be found to have fully paid KRW 166,200,00 for each of the buildings of this case in the procedure for the compulsory auction of real estate E in the Daejeon District Court Seocheon Branch E branch office for the Daejeon District Court, but further, the Defendant agreed to handle the payment of the purchase price on behalf of the Plaintiff.
There is no evidence that the Plaintiff used the remainder of KRW 75,474,90 for personal purposes, excluding the remainder of KRW 150,200,000,000, out of KRW 225,674,90, which was deposited on January 16, 2015.
Rather, according to the statements in the evidence Nos. 1 to 3 and 5 to 7, the Plaintiff purchased 705 housing units F of the member-gu, Ansan-si and the Plaintiff paid money deposited on January 16, 2015 to a certified judicial scrivener as the sales price of each of the instant building and the said F Housing units 705, and bank and registration cost.