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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. Nonparty D centered on Nonparty D, the Defendant is a child of D, and Nonparty C is a wife of D.
B. (1) Each real estate listed in the separate sheet (hereinafter collectively referred to as “each of the instant real estate”) was originally owned D, and C was awarded a successful bid on November 20, 198 and completed the registration of ownership transfer on the 25th of the same month.
(2) On April 30, 1999, registration of ownership preservation was completed in the C future on the instant building.
C. While the Plaintiff did not receive a refund of KRW 40 million from D, the Plaintiff filed a lawsuit claiming the return of the deposit for lease deposit (Seoul District Court 201Da32828) and was rendered a favorable judgment on October 28, 2011.
With respect to each real estate of this case, the registration of transfer of ownership has been completed from C to the defendant due to the gift made on June 9, 2011.
【Ground of recognition】 The purport of each entry, film, or pleading in Gap 1, 2, 3, and 4 (including virtual numbers)
2. The Plaintiff’s assertion has not yet recovered the rental deposit based on the final and conclusive judgment rendered in favor of the Plaintiff in the lawsuit claiming the return of the said rental deposit (Seoul District Court Decision 201Da32828) from D.
D, however, while being actually owned by a successful bid in the above voluntary auction procedure for the land of this case in the name of the Republic of Korea in the above voluntary auction procedure (U.S. District Court E), D constructed the building of this case on the land of this case and completed the registration of preservation of ownership by building C in the name of the above land around 1999.
① Registration of transfer and preservation (building) in the name of C as to each of the above real estate in this case, ② Registration of transfer in the name of the defendant (land, building) is both D and C, and the defendant.