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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 mother of the defendant.
B. On February 1, 2016, the Defendant established, as its head office, E Co., Ltd. (hereinafter “Nonindicted Company”) with the aim of manufacturing and selling gold-type and gold-type standard parts, and the location of its head office was Asan City C and D, and assumed office as its representative.
C. On February 4, 2016, between the Plaintiff and the non-party company, among the buildings newly constructed on the land of Asia-si (hereinafter “instant building”), the Plaintiff sold Category D, F, and G sales proceeds of KRW 1.5 billion to the non-party company, and the down payment of KRW 300 million was paid on the date of the contract and the intermediate payment of KRW 200 million was paid on February 11, 2016, and a sales contract (Evidence 4) was prepared with the content that the remaining KRW 1 billion was paid on September 30, 2016.
Around January 27, 2016, H, the Plaintiff’s seat, remitted KRW 300 million to the Defendant’s I Bank Account, and the Defendant, around February 15:27, 2016, remitted the said KRW 300 million to the Nonparty Company’s J Bank Account.
On February 4, 2016, the Defendant transferred the above KRW 300 million from the J bank account of the non-party company to the Plaintiff’s K Bank account.
On February 4, 2016, around 15:57, the Plaintiff transferred the above KRW 300 million to the Defendant’s I Bank Account.
On February 5, 2016, around 09:52, the Defendant remitted the above KRW 100 million out of the said KRW 300 million from his I Bank Account to H J Bank Account, and transferred the remaining KRW 200 million from his I Bank Account to the I Bank Account of Nonparty Company on 12:21 on the same day.
Around 10:30 on February 11, 2016, the Defendant remitted the above KRW 200 million to the Plaintiff’s K bank account from Nonparty Company’s I Bank account, and the Plaintiff transferred the total amount of KRW 200 million to the Defendant’s I Bank account on February 11, 2016 and on February 15:42, 2016 and on two occasions, around 15:43.
On February 11, 2016, the defendant remitted the above KRW 200 million to the J bank account of H around 16:04.
E. On September 23, 2016, the Plaintiff sold subparagraph D, F, and G of the instant building to the Nonparty Company in the purchase price of KRW 1.5 billion, but the down payment of KRW 500 million is leased to the Plaintiff by the Nonparty Company.