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1. All appeals filed by the Plaintiff against the Defendant (Appointed Party) and the designated parties and claims added at the trial.
Reasons
1. Basic facts
A. The pertinent Plaintiff of the parties is the mother of F (First), Defendant (Second), G (Third), H (Fourth), and Appointor C (Fifth), the Appointor C is the husband of the Appointor C, and E is the husband of the Defendant.
B. On May 28, 2010, the Plaintiff’s disposition of the Plaintiff’s building and the receipt of the purchase price sold the building No. 5 (hereinafter “instant building”) owned by the Plaintiff to the I and J for KRW 850,00,000. Of the purchase price, KRW 80,000,000 of the down payment (hereinafter “the instant purchase price”) was deposited in the Plaintiff’s bank account in the name of the Plaintiff on May 28, 2010 with KRW 30,000 in the intermediate payment, KRW 30,000,00 in the account of the Plaintiff’s corporate bank account (Account Number L) in the name of the Plaintiff on June 30, 2010, and part of the remainder, in the account of the Plaintiff’s corporate bank account (M) in the name of the Plaintiff on September 17, 2010.
C. On June 4, 2010, the Plaintiff: (a) purchased from N in Yeongdeungpo-gu Seoul Metropolitan Government O apartment 101 Dong 1510 (hereinafter “O apartment”); (b) KRW 25,000,000 out of the above purchase price, and (c) agreed to pay KRW 111,500,000 on the contract date to N in July 2, 2010; and (d) KRW 121,50,000 on July 22, 2010.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 4-1, the purport of the whole pleadings
2. The plaintiff's assertion
A. The Defendant and the designated parties are obligated to pay the Plaintiff the amount equivalent to the embezzlement amount and the damages for delay, as follows, due to the tort.
1) The Plaintiff received KRW 850,000,000 for the instant purchase price as the account in the name of the Plaintiff. However, while the Defendant, the designated parties, and E manage the said account, KRW 63,00,000 out of KRW 850,000 for the instant purchase price and KRW 850,000 for the Defendant, G, H, and the designated parties C, respectively, and partly used KRW 20,00,000 for the remaining amount ( KRW 47,000,000 for the Plaintiff’s first instance court).