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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. The Plaintiff is a person who was in a de facto marital relationship with C, the Defendant’s mother.
B. On April 16, 2010, when the Plaintiff and C were in a de facto marital relationship, the registration of transfer of ownership in the name of the Defendant was completed on February 15, 2010 on the grounds of the transaction (the transaction price of KRW 152 million) with respect to E Apartment F (hereinafter “instant apartment”) owned by Nonparty D in Namyang-si, Namyang-si, the Republic of Korea (hereinafter “instant apartment”).
C. On January 26, 2010, the Plaintiff transferred KRW 14.5 million to D, who is the former owner of the instant apartment, KRW 20 million on February 26, 2010, and KRW 58.5 million on April 16, 2010.
The registration of transfer of ownership in the name of Nonparty G was completed on July 17, 2011 with respect to the instant apartment that had been registered in the name of the Defendant around August 30, 201, on the ground of sale (the transaction price of KRW 163 million) on July 17, 201.
Although the trading price at the time was KRW 163 million, G was decided to succeed to the lease deposit amount of KRW 60 million for the apartment tenants of this case, G actually borne by G was 13 million, and the down payment was paid KRW 16 million on July 17, 201, and the remainder of KRW 87 million on August 30, 201, except the lease deposit, was paid respectively on August 30, 201.
(See the results of the inquiry and reply of the fact-finding about G on June 5, 2018).
The defendant on July 17, 2011 and
7. On July 18, 201, the Plaintiff received down payment of KRW 16 million from G and remitted the said KRW 16 million to the Plaintiff on July 18, 201.
(f) On March 9, 2018, H Bank’s reply details on the financial transaction information. G normally paid the balance of KRW 87 million as of August 201, 201, whichever is the 64 million out of which is paid by I as the check and the remainder of KRW 23 million was paid as the check, but the issuing bank cannot memory the check.
‘The position' indicates its position.
(G) The result of the check tracking on the above check amounting to KRW 64 million issued by I Bank, 70,000,000 out of which is the account under J, one million out of which is the account under the name of K, and one million won out of which is the account under the name of K, and one million won out of which is the account under the name of K.