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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. D, E, Defendant, Plaintiff, and F were children of G and H, and G died around 194.
B. D, on December 6, 1994, purchased I Apartment No. 408, 805 (hereinafter “I Apartment”) from 52,359,000 won in units, and completed the registration of ownership transfer on March 25, 1996.
C. D on November 14, 200, completed the registration of ownership transfer on the ground of donation on November 11, 2000 to H.D.
H on March 5, 2011, sold I apartment in KRW 165,000,00 to J, and completed the registration of ownership transfer to J on May 6, 2011.
E. On May 9, 2009, H purchased L apartment Nos. 101, 701, and 137,000,000 won (hereinafter “L apartment”) from K in Silung-si. On June 8, 2009, H completed the registration of ownership transfer on June 8, 2009. On October 12, 2012, H created a right to collateral security with a maximum debt amount of KRW 98,40,000 with the Industrial Bank of Korea.
F. On February 7, 2015, H sold L Apartments at KRW 164,00,000, and completed the registration of ownership transfer on March 12, 2015. In fact, H was paid the remainder after deducting the obligation to refund lease deposit and management expenses, etc. from the purchase price in KRW 143,231,220, M acquired from the purchase price. On March 12, 2015, H repaid paid KRW 82,14,189 to the Industrial Bank of Korea with the above purchase price, and cancelled the registration of ownership transfer.
G. The Defendant transferred KRW 69,989,994 in total from May 26, 2015 to his/her own passbook from H’s passbook where the balance of the purchase price was included.
[Reasons for Recognition] Gap evidence Nos. 1 through 19, Eul evidence Nos. 12, and the result of this court's order to submit financial transaction information to the president of the enterprise, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff asserted that he purchased the I Apartment, and registered it in the name of D, and D transferred it to H in the name of I apartment due to the division of property as D divorced.
After that, the plaintiff tried to sell I Apartment because of the economic situation, but the defendant and F will make investments in I Apartment.