Text
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The plaintiff in relation to the parties is the mother of defendant B (Second son) and C (Fifth son), defendant D is the husband of defendant C, the husband of defendant C, the husband of the defendant Eul, the rest of the plaintiff is F (First son), G (Third son), and H (Fourth son).
B. On May 28, 2010, the Plaintiff sold the building No. 5 in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant building”) owned by I and J for KRW 850,000,00. Of the above purchase price (hereinafter “the instant purchase price”), KRW 80,000,000, the down payment of KRW 80,000, out of the said purchase price (hereinafter “the instant purchase price”) was deposited in the account in the Plaintiff’s name (hereinafter “the Plaintiff’s account in the name of the Plaintiff omitted the expression “the Plaintiff’s name”) with the Plaintiff’s bank account in the name of the Plaintiff on May 28, 2010, the intermediate payment of KRW 300,000,000 was deposited in the corporate bank account (L) account on June 30, 2010, and some of the remainder amount deposited in the corporate bank account number (M) account on September 17, 2010.
C. On June 4, 2010, the Plaintiff purchased from N in Yeongdeungpo-gu Seoul Metropolitan Government O apartment 101 Dong 1510 (hereinafter “O apartment”) for KRW 258,00,000, and KRW 25,000,000, out of the above purchase price, the Plaintiff paid KRW 111,50,000 to N in the contract, as of July 2, 2010, KRW 121,50,00,000, respectively.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 5, Eul evidence 4-1, the purport of the whole pleadings
2. The summary of the Plaintiff’s claim and E, while managing the Plaintiff’s seal and passbook at the time when the instant purchase price is deposited into the Plaintiff’s account, KRW 63,00,000 out of KRW 850,000,000 for the above purchase price - KRW 50,000,000 for G (Third), KRW 20,000 for H (Fourth), and KRW 200,000 for the Plaintiff respectively, and KRW 40,000 for the remainder of KRW 47,00,000 for the real estate brokerage commission and the repair cost of O apartment, etc. (= KRW 850,000 for the remainder of KRW 63,000 for the above purchase price - KRW 50,000 for the above purchase price - KRW 50,000 for the husband and wife - KRW 200,00 for the husband and wife - KRW 300,000 for each of the Defendant