대여금
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Basic facts
A. On June 1, 2005, the Plaintiff sold land E (hereinafter “D”) owned by the Plaintiff’s mother C to the Defendant on June 9, 2005, and completed the registration of transfer of ownership under the Defendant’s name on December 18, 2006, and again transferred the ownership under C’s name on December 29, 2006.
B. The Defendant filed a lawsuit against C seeking cancellation of the registration of transfer of ownership on the ground that “the Plaintiff acquired ownership prior to the transfer of ownership in the name of C on December 29, 2006 with respect to the instant land by stealing the Defendant’s identification card, seal imprint stamp, etc.” However, on October 15, 2019, the Defendant was sentenced to dismissal on the ground that “the Plaintiff’s seal imprint was stolen by the Defendant’s head, etc. and there is insufficient evidence to acknowledge the fact that the Plaintiff acquired the ownership transfer registration in the name of C” in this court on October 15, 2019 (C).
The defendant means that the plaintiff will transfer F and G land ownership instead of the land of this case.
Although deceiving and paying the Plaintiff a provisional amount of KRW 200,00,000 as the purchase price of each of the above lands from around 2006 to around 2017, the Plaintiff filed a claim for damages arising from a tort against the Plaintiff, claiming that the Plaintiff sold the above land to a third party and returned only KRW 50,00,000 to the Defendant. However, on December 11, 2019, the lower court was sentenced to dismissal on the ground that “the Plaintiff had transferred the ownership of F and G land instead of the instant land, or there is insufficient evidence to acknowledge the fact that the amount the Defendant paid to the Plaintiff was the purchase price of each of the above land” (Seoul District Court Decision 2018Da52064).
The defendant means that the plaintiff sells F and G land.
The plaintiff filed a complaint against the defendant for fraud by asserting that the defendant received KRW 61,295,853 from around 2006 to around 2017, and acquired it by using the defendant's credit card amount of KRW 56,55,642.