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(영문) 광주고등법원(전주) 2019.09.26 2019나10458

대여금

Text

1. The judgment of the first instance court, including a claim that has been changed in exchange at the trial as follows:

(e).

Reasons

1. Facts of recognition;

A. On September 25, 2017, the Plaintiff was 2 South Korea between the Plaintiff, who died on September 25, 2017 (hereinafter “the deceased”). The Defendant is the South Korea, and D is the South Korea.

B. D’s acquisition and lease 1) D’s real estate stated in the separate sheet from E Co., Ltd. on February 28, 2011 (hereinafter “instant apartment”).

2) On March 2, 2011, D purchased the instant apartment under its name, and completed the registration of ownership transfer on March 2, 201. 2) D purchased from J on April 29, 201, K apartment L (hereinafter “K apartment”) in the name of J, Seoul-U.S., Seoul-gun, and completed the registration of ownership transfer on July 16, 201.

3) On September 25, 2013, D: (a) from October 10, 2013 to October 10, 2014, D leased the instant apartment as KRW 10 million to M; (b) from October 10, 2014, KRW 10 million to October 10, and KRW 600,000 in monthly rent; (c) Meanwhile, on November 27, 2014, D and the Defendant entered into a sales contract (Evidence 6) with the content that the Defendant purchases the instant apartment from D with the purchase price of KRW 149,00,000 from D.

(2) On November 28, 2014, the Defendant completed the registration of ownership transfer under the name of the Defendant on the ground of the instant sales contract with respect to the instant apartment.

(2) After completing the registration of transfer of ownership of this case, the Defendant entered into a lease agreement as follows with the Defendant as a lessor with respect to the instant apartment. From February 11, 2015 to February 16, 2016, the rent of KRW 700,000 from February 16, 2015 to February 16, 2016, which was deposited into D’s account, not in the name of the Defendant, but in the name of the lessor. The rent of KRW 6 million from August 11, 2016 to August 10, 2017 to KRW 60,000,000,000 from August 11, 2016 to August 10, 2017 to KRW 160,000,000 from July 1, 2016 to KRW 16,000,000,000 for Defendant 1,60,000.