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Filed
4/11/2023 1:10 PM
Beverley McGrew Walker
District Clerk
Fort Bend County, Texas
Ashley Alaniz
NO. 21-DCV-284317
YOUNG HWANG AND VICK- § IN THE DISTRICT COURT
INTERNATIONAL
CORPORATION
Plaintiffs,
240TH JUDICIAL DISTRICT
Vv.
MINJEONG KIM
Defendant. § OF FORT BEND COUNTY, TEXAS
PLAINTIFFS’ THIRD AMENDED PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES Young “Richard” Hwang and Vick-International Corporation,
collectively hereinafter called Plaintiffs, complaining of and about Minjeong Kim,
hereinafter called Defendant or Ms. Kim, and files this Third Amended Petition and
for cause of action shows unto the Court the following:
DISCOVERY CONTROL PLAN LEVEL
1 Plaintiff intends that discovery be conducted under Discovery Level 2.
PARTIES AND SERVICE
2 Plaintiff, Young Hwang, is an individual whose address is i
He Last three numbers of Young Hwang's driver's
license number are ro
3 Plaintiff, Vick-International Corporation is a domestic corporation
with its principal place of business located at 9600 Long Point Rd, Houston, Texas
77055.
4 Defendant Minjeong Kim is a Harris County resident and has
appeared in this case through legal counsel.
JURISDICTION AND VENUE
5 The subject matter in controversy is within the jurisdictional limits of
this court.
6. Plaintiff seeks:
a only monetary relief of $250,000 or less, excluding interest,
statutory or punitive damages and penalties, and attorney fees and costs.
7 This court has jurisdiction over the parties because Defendant is a
Texas resident.
8. Venue in Fort Bend County is permissive in this cause under Section
15.011 of the Texas Civil Practice and Remedies Code because this action involves
real property as provided by said Section, and this county is where all or part of the
real property is located.
FACTUAL ALLEGATIONS
9. Defendant is not a United States citizen but, on information and belief,
came here on a student visa with the goal of marrying a United States citizen and
adjusting her status to that of a Permanent Resident. On information and belief,
Defendant married a United States citizen, Jang Sub Kim on or after May 10, 2022,
the date of issuance of a marriage license to Defendant and Mr. Kim by the Clerk of
Harris County, Texas. The events of this case took place prior to this marriage.
10. After being introduced to Defendant by her manager at Han Gang, a
Korean hostess club in Houston, Plaintiff Young Hwang and Defendant began a
romantic relationship on December 26, 2020.
Aes After discussions of their future, Plaintiff Young Hwang and
Defendant orally agreed and entered into an implied-in-fact contract to purchase a
parcel of real property together to share as their home (the “Contract”).
12. Together as a couple, Young Hwang and Defendant began to look at
properties in December 2020 and identified a property they wanted to purchase.
13. On or about January 29, 2021, Young Hwang and Defendant
purchased the property located at 6511 Tamarind Sky Lane, Fulshear, Texas 77441
(the “Property”) for a purchase price of $330,000.00. However, title to the home was
held only in Defendant’s name despite the couple’s intention to own the property as
joint owners and tenants in common.
14, Trusting Defendant as his romantic partner, Young Hwang
contributed $152,784.35 to be used to purchase the Property. Mr. Hwang’s financial
contribution incorporated the payment of the option fee, house inspection and 10%
down payment for the Property in the amount of $3,900.00, and the wired amount
of $148,884.35 from the account of Plaintiff Vick-International Corporation to a title
company to use at closing toward payment of the purchase price. Defendant
provided the remainder of the purchase funds.
15. As part of the purchase transaction, Plaintiff and Defendant executed
as cosigners a promissory note for $50,000.00 in favor of Vick International
Corporation.
16. Young Hwang and Defendant had an intimate and romantic
relationship amounting to a special trust and fiduciary relationship under Texas
law. Young Hwang trusted and relied on Defendant’s representations that she cared
for him and that both parties would share ownership in the Property, which they
intended to occupy and use as a couple involved in a romantic relationship. Young
Hwang entrusted Defendant financially by intermingling financials and completing
the closing procedures for the Property without his presence.
17. However, Defendant betrayed that trust. Shortly after purchasing the
property, Defendant began to exhibit totally opposite behavior towards Mr. Hwang.
Defendant became unusually argumentative and no longer had interest in their
romantic relationship. Defendant took sole possession of the Property and excluded
Plaintiff from it.
18. The direct and circumstantial evidence clearly shows an implied-in-
fact oral contract between the parties to acquire the Property jointly. Defendant
breached the oral agreement by taking sole possession of the property and refusing
to acknowledge Young Hwang’s interest in the Property. Defendant has taken
undue advantage of Young Hwang’s trust and is unjustly enriched by the equity Mr.
Hwang has invested in the Property. Defendant’s breach of the parties’ special trust
relationship and her unjust enrichment provide the basis for a constructive trust to
be placed on the Property.
19. Additionally, based on Defendant’s feigned love and affection for Mr.
Hwang, he paid her living expenses, furnished the Property that was to be their
home, loaned Defendant his credit cards, and provided her personal property that
he otherwise would not have extended her.
COUNT 1 - BREACH OF CONTRACT
1 Plaintiffs incorporate by reference the allegations set forth above as if
the same were fully set forth herein.
2 Plaintiffs plead that Young Hwang and Minjeong Kim entered into a
valid and enforceable contract supported by valuable consideration.
3 The contractual obligations of Young Hwang have been fully
performed.
4 Defendant has failed to perform her contractual obligations,
specifically, by taking sole possession of the Property and refusing to acknowledge
Mr. Hwang’s equity in the Property.
5 Defendant's breach of contract described hereinabove has injured Mr.
Hwang, causing $152,784.35 in damages on the Property plus amounts to be proven
at trial in transfers of cash and permissive use of credit cards and the like.
6. Further, Defendant entered into a promissory note with Vick-
International Corporation for $50,000.00, which she has failed to pay.
7 Plaintiffs therefore seek Plaintiffs’ actual damages, plus reasonable
attorneys’ fees and costs.
COUNT 2 - BREACH OF FIDUCIARY DUTY
8. Plaintiffs incorporate by reference the allegations set forth above as if
the same were fully set forth herein.
9. Plaintiffs plead in the alternative that Defendant breached her
fiduciary duty to Plaintiff.
1. Status of Performance of Contract
10. In January 2021, Mr. Hwang contributed $152,784.35 for the purchase
of the Property and paid many more thousands of dollars toward the comfort and
support of Defendant.
11. Mr. Hwang’s contribution and payments were induced by Defendant’s
promise that Mr. Hwang would be allowed to live in the home and that he would
have equity in the Property.
2. Fiduciary Relationship
12. At the time of contract, a fiduciary relationship existed between Mr.
Hwang and Defendant. Consequently, Defendant owed Mr. Hwang a duty to deal
fairly, honestly, and equitably because of Defendant’s intimate and romantic
relationship with Mr. Hwang.
3. Breach of Fiduciary Relationship
13. Defendant breached her fiduciary duty with Mr. Hwang by taking sole
possession of the Property and refusing to acknowledge Mr. Hwang’s invested
equity. Defendant intends to be unjustly benefitted from the acquisition of the
Property and enjoyment of the support and comfort extended by Plaintiff by not
returning or even acknowledging Mr. Hwang’s share of the equity in the Property.
Defendant’s actions are in violation of her fiduciary duty to deal fairly and protect
Mr. Hwang’s interests, as she had promised when Mr. Hwang contributed
$152,784.35 for the Property.
4. Irreparable Harm and Lack of Adequate Remedy at Law
14. Plaintiffs will suffer irreparable harm if Defendant is allowed to keep
sole possession of the Property without giving Mr. Hwang his share of the equity in
the Property. Plaintiffs pray that a constructive trust be placed upon the Property
in the amount of Mr. Hwang’s equity in the property ($152,784.35), which
Defendant seeks to take from him unjustly. Otherwise, Plaintiffs have no adequate
remedy at law.
15. Additionally, Plaintiffs ask for an award of damages in the amount of
the comfort and support he provided Defendant under false pretenses.
COUNT 3- FRAUD
16. Plaintiffs incorporate by reference the allegations set forth above as if
the same were fully set forth herein.
1. Defendant’s Representations
17. Defendant made misrepresentations and omissions of material facts to
Mr. Hwang regarding the Property and the use of his money. Defendant obtained
$152,784.35 and other monetary assistance from Plaintiffs by representing to Mr.
Hwang that she as his romantic partner was going to use his financial contribution
as equity in the Property, and she assured Mr. Hwang that he would be allowed to
live on the Property as their shared home. Without these representations and
promises, Plaintiffs would never have transferred $152,784.35 to Defendant, nor
paid monies toward the comfort and support of Defendant.
2. Fiduciary Relationship
18. Mr. Hwang was entitled to rely on the promises and representations of
Defendant as to their mutual understanding because there was and is a fiduciary
relationship between Mr. Hwang and Defendant. For an extended period, Mr.
Hwang and Defendant were in a relationship of love, trust and confidence, each
relying on the loyalty and fidelity of the other and working together for their
mutual benefit. Specifically, Mr. Hwang and Defendant were in a romantic
relationship and built a foundation of trust.
3. Breach of Fiduciary Relationship
19. Defendant's actions of taking sole possession of the Property and
refusing to recognize Mr. Hwang’s invested equity was a breach of her fiduciary
duty to Mr. Hwang.
4, Representations Were Material
20. These promises and representations were material because Mr. Hwang
would not have transferred $152,784.35 to Defendant and contributed thousands of
dollars to her comfort and support had he known that her ultimate intention was to
deprive him of the equity which he had invested and deprive him of the Property.
5. Representations Were False
21. Defendant’s representations were false. Defendant’s promises that Mr.
Hwang would have equity in the Property and be allowed to live on the Property
were false.
6. Defendant’s Intent to Induce Plaintiffs Reliance
22. Defendant made the promises and representations with the intent that
Mr. Hwang would act on them. Mr. Hwang was unaware of the falsity of the
representations and unaware of the true intent of Defendant to deprive him of his
investment.
7. Defendant’s Conduct was Fraudulent
23. Although Mr. Hwang fully performed the Contract, Defendant
breached the Contract and failed to fulfill her express promises and
representations. Defendant has taken sole possession of the Property and fails to
recognize Mr. Hwang’s invested equity in the Property.
8. Plaintiff's Injury May Be Remedied by Constructive Trust
24, Mr. Hwang has been injured and has been deprived of his property
because the Mr. Hwang relied on the promises and representations of the
Defendant. In contrast, the Defendant has been unjustly enriched by being allowed
to retain the Mr. Hwang’s property. A constructive trust on the property will
prevent the unjust enrichment of the Defendant at the Mr. Hwang’s expense.
9. Alternatively, Plaintiffs’ Injury May Be Remedied with Damages.
25. Plaintiff asks for an award of damages in the amount of the funds
Plaintiffs paid toward the purchase of the Property and paid for the comfort and
support provided Defendant under false pretenses.
COUNT 4- CONVERSION AND UNJUST ENRICHMENT
26. Plaintiffs incorporate by reference the allegations set forth above as if
the same were fully set forth herein.
27. Defendant wrongly secured or passively received a benefit and/or was
unjustly enriched from Plaintiffs by fraud, duress, or the taking of an undue
advantage.
28. Defendant has retained a benefit to the loss of Mr. Hwang, or the
retention of money and property of another against the fundamental principles of
justice or equity and good conscience.
29. Defendant wrongfully assumed and exercised dominion and control
over the property of Mr. Hwang to the exclusion of, or inconsistent with, Mr.
Hwang’s rights.
30. As a result, Plaintiffs suffered actual damages.
COUNT 5 - MONEY HAD AND RECEIVED
31. Plaintiffs incorporate by reference the allegations set forth above as if
the same were fully set forth herein.
10.
32. Defendant holds money that, in equity and good conscience, belongs to
Plaintiff.
33. Defendant received funds for a specific purpose. Specifically, the
money received by Defendant was to be used as Mr. Hwang’s equity in the Property.
Defendant knew she would not effectuate said purpose and refused to repay any of
said funds to Plaintiffs.
34. Plaintiffs suffered actual damages as a direct result of Defendant’s
conduct.
COUNT 6 - PROMISSORY ESTOPPEL
35. Plaintiffs incorporate by reference the allegations set forth above as if
the same were fully set forth herein.
36. Defendant accepted Mr. Hwang’s financial contribution and promised
Mr. Hwang equity in the Property. Mr. Hwang reasonably and substantially relied
on the promise to his detriment. Mr. Hwang’s reliance was foreseeable by
Defendant.
37. Injustice can be avoided by enforcing the Defendant’s promise.
38. Plaintiffs seek recovery of reliance damages in an amount within the
jurisdictional limits of this Court.
COUNT 7 - TEXAS THEFT LIABILITY ACT
39. Plaintiffs incorporate by reference the allegations set forth above as if
the same were fully set forth herein.
11
40. Defendant violated Chapter 134 of the Texas Civil Practices Remedies
Code. Defendant unlawfully appropriated property in violation of Texas Penal Code
§ 31.
COUNT 8 - DECLARATORY JUDGMENT
41. Plaintiffs incorporate by reference each preceding and succeeding
paragraph of this Petition as though fully set forth herein.
42. Pursuant to Section 37.001 et seq of the Texas Civil Practice and
Remedies Code, Plaintiffs request a declaratory judgment determining that:
A Plaintiff is a joint owner and tenant in common of the Property
and Plaintiff holds an undivided one-half interest in the
Property with right of partition by sale.
COUNT 9- SPECIFIC PERFORMANCE
43. Plaintiffs incorporate by reference each preceding and succeeding
paragraph of this Petition as though fully set forth herein.
44, The parties entered into an oral agreement whereby Plaintiff Hwang
would invest a significant amount of his sole capital so that the Defendant Kim
could purchase the Property in exchange for equity in the Property. Accordingly,
Plaintiffs seek specific performance to convey the real property to Mr. Hwang
making Mr. Hwang a joint owner and grant Mr. Hwang the right to liquidate his
investments by partition by sale.
12
COUNT 9 - PARTITION
45. Plaintiffs incorporate by reference each preceding and succeeding
paragraph of this Petition as though fully set forth herein.
46. Pursuant to Texas Property Code Section 23.001 e¢. seg., Plaintiffs file
this suit to partition the real property owned by him and Defendant Kim. Plaintiffs
seeks a partition by sale.
47. Pursuant to Tex. R. Civ. P. 756(a), the names and residences of each of
the joint owners of the subject property herein have been outlined in Paragraphs 2-
3, supra.
48. Pursuant to Tex. R. Civ. P. 756(b), Plaintiff Hwang claims 50% interest
in the Property herein.
49. Pursuant to Tex. R. Civ. P. 756(c), the Property sought to be
partitioned and the estimated value thereof is stated as follows, pursuant to the
records of the Fort Bend County Appraisal District (“FBCAD”):
Legal Description: Creekside At Cross Creek Ranch Sec
11, BLOCK 1, Lot 37, commonly known as 6511 Tamarind
Sky Lane, Fulshear, Texas 77441 and titled to Minjeong
Kim., and more commonly known as at 6511 Tamarind
Sky Lane, Fulshear, Texas 77441.
FBCAD Property ID: R397652
FBCAD Geographic ID: 2706-11-001-0370-914
FBCAD Valuation as of 2022: $319,6600
13.
EQUITABLE RELIEF
50. In the alternative, Plaintiffs request this Court establish an equitable
lien on the Property in the amount of $152,784.35.
51. In the alternative, Plaintiffs seek that a constructive trust be placed
upon the real property in the amount of the equity which Mr. Hwang had accrued in
the property.
52. Based on the facts stated herein, Plaintiffs request exemplary damages
be awarded to Plaintiffs from Defendant.
DAMAGES
53. In the alternative of non-monetary relief, Plaintiffs seeks the sum of
$152,784.35 along with the monetary value of all gifts and financial support
provided by Mr. Hwang to Defendant.
54. Plaintiffs have sustained damages in excess of this Court's
jurisdictional minimum, as a result of the actions and/or omissions of Defendant
described hereinabove.
EXEMPLARY DAMAGES
55. The conduct of Defendant, as described above, was fraudulent and
malicious. As a result, Plaintiffs are entitled to recover exemplary damages to deter
similar conduct by Defendant. In this connection, Plaintiffs will show that, because
of Defendant’s conduct, Plaintiffs have suffered losses of time and other expenses,
including attorney’s fees incurred in the investigation and prosecution of this action
14
Accordingly, Plaintiffs ask that exemplary damages be awarded against Defendant
in a sum within the jurisdictional limits of this Court.
ATTORNEY'S FEES
56. Request is made for all costs and reasonable and necessary attorney's
fees incurred by or on behalf of Plaintiffs herein, including all fees necessary in the
event of an appeal of this cause to the Court of Appeals and the Supreme Court of
Texas, as the Court deems equitable and just, as provided by Chapter 37 and 38 of
the Texas Civil Practice and Remedies Code.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiffs, Young Hwang and
Vick-International Corporation, respectfully pray that the Defendant be cited to
appear and answer herein, and that upon a final hearing of the cause, judgment
ordering the Property be sold in a partition for sale, in the alternative, judgment be
entered for the Plaintiffs against Defendant decreeing a constructive trust on the
Property with Defendant as constructive trustee for the benefit of Mr. Hwang,
judgment ordering Defendant, as constructive trustee, to convey the invested equity
in the Property to Mr. Hwang, in the alternative judgment ordering an equitable
lien on the Property for $152,784.35, judgment for damages requested hereinabove
in an amount in excess of the minimum jurisdictional limits of the Court, together
with prejudgment and postjudgment interest at the maximum rate allowed by law,
attorney's fees, costs of court, and such other and further relief to which the
15.
Plaintiffs may be entitled at law or in equity, whether pled or unpled.
Respectfully submitted,
HAYES HUNTER PC
/s/ Charles Clinton Hunter
By:
Charles Clinton Hunter
Texas Bar No. 24072160
Email: chunter@hayeshunterlaw.com
Jessica Chan
Texas Bar No. 24113686
Email: jchan@hayeshunterlaw.com
4265 San Felipe, Suite 1000
Houston, TX 77027
Tel. (346) 363-0334
Fax. (713) 583-7047
Attorney for Plaintiffs
Young Hwang and Vick International
Corporation
CERTIFICATE OF SERVICE
I certify that on April 11, 2023 a true and correct copy of the forgoing
instrument was served on the interested parties electronically through the
electronic filing manager.
/s/ Charles Clinton Hunter
Charles Clinton Hunter
16.
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Jack Rains on behalf of Jessica Chan
Bar No. 24113686
jrains@hayeshunterlaw.com
Envelope ID: 74524596
Filing Code Description: Amended Filin
Filing Description: Plaintiffs’ Third Amended Petition
Status as of 4/11/2023 3:27 PM CST
Associated Case Party: Young Hwang
Name BarNumber | Email TimestampSubmitted | Status
Service Email service@hayeshunterlaw.com | 4/11/2023 1:10:21 PM | SENT
Associated Case Party: Minjeong Kim
Name BarNumber | Email TimestampSubmitted | Status
Hojoon Whang 24034733 andrewwhang02@yahoo.com 4/11/2023 1:10:21 PM SENT
David AustinBlack ablack@silblawfirm.com 4/11/2023 1:10:21 PM SENT
Matt Muller matthewmullerpc@gmail.com 4/11/2023 1:10:21 PM SENT
Case Contacts
Name BarNumber | Email TimestampSubmitted Status
Charles Hunter 24072160 chunter@hayeshunterlaw.com 4/11/2023 1:10:21 PM SENT
Matthew S.Muller service@matthewmullerpc.com 4/11/2023 1:10:21 PM SENT
Preview
Filed 4/11/2023 1:10 PM Beverley McGrew Walker District Clerk Fort Bend County, Texas Ashley Alaniz NO. 21-DCV-284317 YOUNG HWANG AND VICK- § IN THE DISTRICT COURT INTERNATIONAL CORPORATION Plaintiffs, 240TH JUDICIAL DISTRICT Vv. MINJEONG KIM Defendant. § OF FORT BEND COUNTY, TEXAS PLAINTIFFS’ THIRD AMENDED PETITION TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES Young “Richard” Hwang and Vick-International Corporation, collectively hereinafter called Plaintiffs, complaining of and about Minjeong Kim, hereinafter called Defendant or Ms. Kim, and files this Third Amended Petition and for cause of action shows unto the Court the following: DISCOVERY CONTROL PLAN LEVEL 1 Plaintiff intends that discovery be conducted under Discovery Level 2. PARTIES AND SERVICE 2 Plaintiff, Young Hwang, is an individual whose address is i He Last three numbers of Young Hwang's driver's license number are ro 3 Plaintiff, Vick-International Corporation is a domestic corporation with its principal place of business located at 9600 Long Point Rd, Houston, Texas 77055. 4 Defendant Minjeong Kim is a Harris County resident and has appeared in this case through legal counsel. JURISDICTION AND VENUE 5 The subject matter in controversy is within the jurisdictional limits of this court. 6. Plaintiff seeks: a only monetary relief of $250,000 or less, excluding interest, statutory or punitive damages and penalties, and attorney fees and costs. 7 This court has jurisdiction over the parties because Defendant is a Texas resident. 8. Venue in Fort Bend County is permissive in this cause under Section 15.011 of the Texas Civil Practice and Remedies Code because this action involves real property as provided by said Section, and this county is where all or part of the real property is located. FACTUAL ALLEGATIONS 9. Defendant is not a United States citizen but, on information and belief, came here on a student visa with the goal of marrying a United States citizen and adjusting her status to that of a Permanent Resident. On information and belief, Defendant married a United States citizen, Jang Sub Kim on or after May 10, 2022, the date of issuance of a marriage license to Defendant and Mr. Kim by the Clerk of Harris County, Texas. The events of this case took place prior to this marriage. 10. After being introduced to Defendant by her manager at Han Gang, a Korean hostess club in Houston, Plaintiff Young Hwang and Defendant began a romantic relationship on December 26, 2020. Aes After discussions of their future, Plaintiff Young Hwang and Defendant orally agreed and entered into an implied-in-fact contract to purchase a parcel of real property together to share as their home (the “Contract”). 12. Together as a couple, Young Hwang and Defendant began to look at properties in December 2020 and identified a property they wanted to purchase. 13. On or about January 29, 2021, Young Hwang and Defendant purchased the property located at 6511 Tamarind Sky Lane, Fulshear, Texas 77441 (the “Property”) for a purchase price of $330,000.00. However, title to the home was held only in Defendant’s name despite the couple’s intention to own the property as joint owners and tenants in common. 14, Trusting Defendant as his romantic partner, Young Hwang contributed $152,784.35 to be used to purchase the Property. Mr. Hwang’s financial contribution incorporated the payment of the option fee, house inspection and 10% down payment for the Property in the amount of $3,900.00, and the wired amount of $148,884.35 from the account of Plaintiff Vick-International Corporation to a title company to use at closing toward payment of the purchase price. Defendant provided the remainder of the purchase funds. 15. As part of the purchase transaction, Plaintiff and Defendant executed as cosigners a promissory note for $50,000.00 in favor of Vick International Corporation. 16. Young Hwang and Defendant had an intimate and romantic relationship amounting to a special trust and fiduciary relationship under Texas law. Young Hwang trusted and relied on Defendant’s representations that she cared for him and that both parties would share ownership in the Property, which they intended to occupy and use as a couple involved in a romantic relationship. Young Hwang entrusted Defendant financially by intermingling financials and completing the closing procedures for the Property without his presence. 17. However, Defendant betrayed that trust. Shortly after purchasing the property, Defendant began to exhibit totally opposite behavior towards Mr. Hwang. Defendant became unusually argumentative and no longer had interest in their romantic relationship. Defendant took sole possession of the Property and excluded Plaintiff from it. 18. The direct and circumstantial evidence clearly shows an implied-in- fact oral contract between the parties to acquire the Property jointly. Defendant breached the oral agreement by taking sole possession of the property and refusing to acknowledge Young Hwang’s interest in the Property. Defendant has taken undue advantage of Young Hwang’s trust and is unjustly enriched by the equity Mr. Hwang has invested in the Property. Defendant’s breach of the parties’ special trust relationship and her unjust enrichment provide the basis for a constructive trust to be placed on the Property. 19. Additionally, based on Defendant’s feigned love and affection for Mr. Hwang, he paid her living expenses, furnished the Property that was to be their home, loaned Defendant his credit cards, and provided her personal property that he otherwise would not have extended her. COUNT 1 - BREACH OF CONTRACT 1 Plaintiffs incorporate by reference the allegations set forth above as if the same were fully set forth herein. 2 Plaintiffs plead that Young Hwang and Minjeong Kim entered into a valid and enforceable contract supported by valuable consideration. 3 The contractual obligations of Young Hwang have been fully performed. 4 Defendant has failed to perform her contractual obligations, specifically, by taking sole possession of the Property and refusing to acknowledge Mr. Hwang’s equity in the Property. 5 Defendant's breach of contract described hereinabove has injured Mr. Hwang, causing $152,784.35 in damages on the Property plus amounts to be proven at trial in transfers of cash and permissive use of credit cards and the like. 6. Further, Defendant entered into a promissory note with Vick- International Corporation for $50,000.00, which she has failed to pay. 7 Plaintiffs therefore seek Plaintiffs’ actual damages, plus reasonable attorneys’ fees and costs. COUNT 2 - BREACH OF FIDUCIARY DUTY 8. Plaintiffs incorporate by reference the allegations set forth above as if the same were fully set forth herein. 9. Plaintiffs plead in the alternative that Defendant breached her fiduciary duty to Plaintiff. 1. Status of Performance of Contract 10. In January 2021, Mr. Hwang contributed $152,784.35 for the purchase of the Property and paid many more thousands of dollars toward the comfort and support of Defendant. 11. Mr. Hwang’s contribution and payments were induced by Defendant’s promise that Mr. Hwang would be allowed to live in the home and that he would have equity in the Property. 2. Fiduciary Relationship 12. At the time of contract, a fiduciary relationship existed between Mr. Hwang and Defendant. Consequently, Defendant owed Mr. Hwang a duty to deal fairly, honestly, and equitably because of Defendant’s intimate and romantic relationship with Mr. Hwang. 3. Breach of Fiduciary Relationship 13. Defendant breached her fiduciary duty with Mr. Hwang by taking sole possession of the Property and refusing to acknowledge Mr. Hwang’s invested equity. Defendant intends to be unjustly benefitted from the acquisition of the Property and enjoyment of the support and comfort extended by Plaintiff by not returning or even acknowledging Mr. Hwang’s share of the equity in the Property. Defendant’s actions are in violation of her fiduciary duty to deal fairly and protect Mr. Hwang’s interests, as she had promised when Mr. Hwang contributed $152,784.35 for the Property. 4. Irreparable Harm and Lack of Adequate Remedy at Law 14. Plaintiffs will suffer irreparable harm if Defendant is allowed to keep sole possession of the Property without giving Mr. Hwang his share of the equity in the Property. Plaintiffs pray that a constructive trust be placed upon the Property in the amount of Mr. Hwang’s equity in the property ($152,784.35), which Defendant seeks to take from him unjustly. Otherwise, Plaintiffs have no adequate remedy at law. 15. Additionally, Plaintiffs ask for an award of damages in the amount of the comfort and support he provided Defendant under false pretenses. COUNT 3- FRAUD 16. Plaintiffs incorporate by reference the allegations set forth above as if the same were fully set forth herein. 1. Defendant’s Representations 17. Defendant made misrepresentations and omissions of material facts to Mr. Hwang regarding the Property and the use of his money. Defendant obtained $152,784.35 and other monetary assistance from Plaintiffs by representing to Mr. Hwang that she as his romantic partner was going to use his financial contribution as equity in the Property, and she assured Mr. Hwang that he would be allowed to live on the Property as their shared home. Without these representations and promises, Plaintiffs would never have transferred $152,784.35 to Defendant, nor paid monies toward the comfort and support of Defendant. 2. Fiduciary Relationship 18. Mr. Hwang was entitled to rely on the promises and representations of Defendant as to their mutual understanding because there was and is a fiduciary relationship between Mr. Hwang and Defendant. For an extended period, Mr. Hwang and Defendant were in a relationship of love, trust and confidence, each relying on the loyalty and fidelity of the other and working together for their mutual benefit. Specifically, Mr. Hwang and Defendant were in a romantic relationship and built a foundation of trust. 3. Breach of Fiduciary Relationship 19. Defendant's actions of taking sole possession of the Property and refusing to recognize Mr. Hwang’s invested equity was a breach of her fiduciary duty to Mr. Hwang. 4, Representations Were Material 20. These promises and representations were material because Mr. Hwang would not have transferred $152,784.35 to Defendant and contributed thousands of dollars to her comfort and support had he known that her ultimate intention was to deprive him of the equity which he had invested and deprive him of the Property. 5. Representations Were False 21. Defendant’s representations were false. Defendant’s promises that Mr. Hwang would have equity in the Property and be allowed to live on the Property were false. 6. Defendant’s Intent to Induce Plaintiffs Reliance 22. Defendant made the promises and representations with the intent that Mr. Hwang would act on them. Mr. Hwang was unaware of the falsity of the representations and unaware of the true intent of Defendant to deprive him of his investment. 7. Defendant’s Conduct was Fraudulent 23. Although Mr. Hwang fully performed the Contract, Defendant breached the Contract and failed to fulfill her express promises and representations. Defendant has taken sole possession of the Property and fails to recognize Mr. Hwang’s invested equity in the Property. 8. Plaintiff's Injury May Be Remedied by Constructive Trust 24, Mr. Hwang has been injured and has been deprived of his property because the Mr. Hwang relied on the promises and representations of the Defendant. In contrast, the Defendant has been unjustly enriched by being allowed to retain the Mr. Hwang’s property. A constructive trust on the property will prevent the unjust enrichment of the Defendant at the Mr. Hwang’s expense. 9. Alternatively, Plaintiffs’ Injury May Be Remedied with Damages. 25. Plaintiff asks for an award of damages in the amount of the funds Plaintiffs paid toward the purchase of the Property and paid for the comfort and support provided Defendant under false pretenses. COUNT 4- CONVERSION AND UNJUST ENRICHMENT 26. Plaintiffs incorporate by reference the allegations set forth above as if the same were fully set forth herein. 27. Defendant wrongly secured or passively received a benefit and/or was unjustly enriched from Plaintiffs by fraud, duress, or the taking of an undue advantage. 28. Defendant has retained a benefit to the loss of Mr. Hwang, or the retention of money and property of another against the fundamental principles of justice or equity and good conscience. 29. Defendant wrongfully assumed and exercised dominion and control over the property of Mr. Hwang to the exclusion of, or inconsistent with, Mr. Hwang’s rights. 30. As a result, Plaintiffs suffered actual damages. COUNT 5 - MONEY HAD AND RECEIVED 31. Plaintiffs incorporate by reference the allegations set forth above as if the same were fully set forth herein. 10. 32. Defendant holds money that, in equity and good conscience, belongs to Plaintiff. 33. Defendant received funds for a specific purpose. Specifically, the money received by Defendant was to be used as Mr. Hwang’s equity in the Property. Defendant knew she would not effectuate said purpose and refused to repay any of said funds to Plaintiffs. 34. Plaintiffs suffered actual damages as a direct result of Defendant’s conduct. COUNT 6 - PROMISSORY ESTOPPEL 35. Plaintiffs incorporate by reference the allegations set forth above as if the same were fully set forth herein. 36. Defendant accepted Mr. Hwang’s financial contribution and promised Mr. Hwang equity in the Property. Mr. Hwang reasonably and substantially relied on the promise to his detriment. Mr. Hwang’s reliance was foreseeable by Defendant. 37. Injustice can be avoided by enforcing the Defendant’s promise. 38. Plaintiffs seek recovery of reliance damages in an amount within the jurisdictional limits of this Court. COUNT 7 - TEXAS THEFT LIABILITY ACT 39. Plaintiffs incorporate by reference the allegations set forth above as if the same were fully set forth herein. 11 40. Defendant violated Chapter 134 of the Texas Civil Practices Remedies Code. Defendant unlawfully appropriated property in violation of Texas Penal Code § 31. COUNT 8 - DECLARATORY JUDGMENT 41. Plaintiffs incorporate by reference each preceding and succeeding paragraph of this Petition as though fully set forth herein. 42. Pursuant to Section 37.001 et seq of the Texas Civil Practice and Remedies Code, Plaintiffs request a declaratory judgment determining that: A Plaintiff is a joint owner and tenant in common of the Property and Plaintiff holds an undivided one-half interest in the Property with right of partition by sale. COUNT 9- SPECIFIC PERFORMANCE 43. Plaintiffs incorporate by reference each preceding and succeeding paragraph of this Petition as though fully set forth herein. 44, The parties entered into an oral agreement whereby Plaintiff Hwang would invest a significant amount of his sole capital so that the Defendant Kim could purchase the Property in exchange for equity in the Property. Accordingly, Plaintiffs seek specific performance to convey the real property to Mr. Hwang making Mr. Hwang a joint owner and grant Mr. Hwang the right to liquidate his investments by partition by sale. 12 COUNT 9 - PARTITION 45. Plaintiffs incorporate by reference each preceding and succeeding paragraph of this Petition as though fully set forth herein. 46. Pursuant to Texas Property Code Section 23.001 e¢. seg., Plaintiffs file this suit to partition the real property owned by him and Defendant Kim. Plaintiffs seeks a partition by sale. 47. Pursuant to Tex. R. Civ. P. 756(a), the names and residences of each of the joint owners of the subject property herein have been outlined in Paragraphs 2- 3, supra. 48. Pursuant to Tex. R. Civ. P. 756(b), Plaintiff Hwang claims 50% interest in the Property herein. 49. Pursuant to Tex. R. Civ. P. 756(c), the Property sought to be partitioned and the estimated value thereof is stated as follows, pursuant to the records of the Fort Bend County Appraisal District (“FBCAD”): Legal Description: Creekside At Cross Creek Ranch Sec 11, BLOCK 1, Lot 37, commonly known as 6511 Tamarind Sky Lane, Fulshear, Texas 77441 and titled to Minjeong Kim., and more commonly known as at 6511 Tamarind Sky Lane, Fulshear, Texas 77441. FBCAD Property ID: R397652 FBCAD Geographic ID: 2706-11-001-0370-914 FBCAD Valuation as of 2022: $319,6600 13. EQUITABLE RELIEF 50. In the alternative, Plaintiffs request this Court establish an equitable lien on the Property in the amount of $152,784.35. 51. In the alternative, Plaintiffs seek that a constructive trust be placed upon the real property in the amount of the equity which Mr. Hwang had accrued in the property. 52. Based on the facts stated herein, Plaintiffs request exemplary damages be awarded to Plaintiffs from Defendant. DAMAGES 53. In the alternative of non-monetary relief, Plaintiffs seeks the sum of $152,784.35 along with the monetary value of all gifts and financial support provided by Mr. Hwang to Defendant. 54. Plaintiffs have sustained damages in excess of this Court's jurisdictional minimum, as a result of the actions and/or omissions of Defendant described hereinabove. EXEMPLARY DAMAGES 55. The conduct of Defendant, as described above, was fraudulent and malicious. As a result, Plaintiffs are entitled to recover exemplary damages to deter similar conduct by Defendant. In this connection, Plaintiffs will show that, because of Defendant’s conduct, Plaintiffs have suffered losses of time and other expenses, including attorney’s fees incurred in the investigation and prosecution of this action 14 Accordingly, Plaintiffs ask that exemplary damages be awarded against Defendant in a sum within the jurisdictional limits of this Court. ATTORNEY'S FEES 56. Request is made for all costs and reasonable and necessary attorney's fees incurred by or on behalf of Plaintiffs herein, including all fees necessary in the event of an appeal of this cause to the Court of Appeals and the Supreme Court of Texas, as the Court deems equitable and just, as provided by Chapter 37 and 38 of the Texas Civil Practice and Remedies Code. PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiffs, Young Hwang and Vick-International Corporation, respectfully pray that the Defendant be cited to appear and answer herein, and that upon a final hearing of the cause, judgment ordering the Property be sold in a partition for sale, in the alternative, judgment be entered for the Plaintiffs against Defendant decreeing a constructive trust on the Property with Defendant as constructive trustee for the benefit of Mr. Hwang, judgment ordering Defendant, as constructive trustee, to convey the invested equity in the Property to Mr. Hwang, in the alternative judgment ordering an equitable lien on the Property for $152,784.35, judgment for damages requested hereinabove in an amount in excess of the minimum jurisdictional limits of the Court, together with prejudgment and postjudgment interest at the maximum rate allowed by law, attorney's fees, costs of court, and such other and further relief to which the 15. Plaintiffs may be entitled at law or in equity, whether pled or unpled. Respectfully submitted, HAYES HUNTER PC /s/ Charles Clinton Hunter By: Charles Clinton Hunter Texas Bar No. 24072160 Email: chunter@hayeshunterlaw.com Jessica Chan Texas Bar No. 24113686 Email: jchan@hayeshunterlaw.com 4265 San Felipe, Suite 1000 Houston, TX 77027 Tel. (346) 363-0334 Fax. (713) 583-7047 Attorney for Plaintiffs Young Hwang and Vick International Corporation CERTIFICATE OF SERVICE I certify that on April 11, 2023 a true and correct copy of the forgoing instrument was served on the interested parties electronically through the electronic filing manager. /s/ Charles Clinton Hunter Charles Clinton Hunter 16. Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Jack Rains on behalf of Jessica Chan Bar No. 24113686 jrains@hayeshunterlaw.com Envelope ID: 74524596 Filing Code Description: Amended Filin Filing Description: Plaintiffs’ Third Amended Petition Status as of 4/11/2023 3:27 PM CST Associated Case Party: Young Hwang Name BarNumber | Email TimestampSubmitted | Status Service Email service@hayeshunterlaw.com | 4/11/2023 1:10:21 PM | SENT Associated Case Party: Minjeong Kim Name BarNumber | Email TimestampSubmitted | Status Hojoon Whang 24034733 andrewwhang02@yahoo.com 4/11/2023 1:10:21 PM SENT David AustinBlack ablack@silblawfirm.com 4/11/2023 1:10:21 PM SENT Matt Muller matthewmullerpc@gmail.com 4/11/2023 1:10:21 PM SENT Case Contacts Name BarNumber | Email TimestampSubmitted Status Charles Hunter 24072160 chunter@hayeshunterlaw.com 4/11/2023 1:10:21 PM SENT Matthew S.Muller service@matthewmullerpc.com 4/11/2023 1:10:21 PM SENT